Therefore, one can comfortably describe the American civil justice system as complicated and one that is shrouded by procedures and technicalities that delay justice while making it expensive Schlichtmann had invested a fortune in this case which later made him file for bankruptcy.Ī Civil Action presents an opportunity to understand various undertakings of the civil justice system especially the irresponsibility of the lawyers in the Woburn litigation. This case was clouded by establishing the causation fact of the two companies as the main polluters. William Chessman, the defendants’ lawyer, refuted the claim by quoting research of the plaintiff who had admitted that there was no firm proof on the relationship between families, chemicals in the wells and Beatrice and Grace Companies. The main difficulty Schlichtmann encountered was to prove these defendants were responsible. Schlichtmann launched formal complaints to prove that W.R Grace and Beatrice Foods companies’ contamination of groundwater was the one causing Leukemia. The civil justice system is not consistent on which the defendant should bear the burden when the defendants are many like the Woburn case. This problem of indeterminate defendants presents itself clearly in Schlichtmann lawsuit where he is unable to establish which company is liable for the contamination of water in Wells G and H. The issue of indeterminate defendants arises when there is difficulty by practice or principal to accurately allocate the injurers the responsibility of causing harm. The second problem that civil lawsuits present is the problem of indeterminate defendants which Ian Schlichtmann encountered while litigating the Woburn Case. Therefore, civil cases should be tailored according to the nature and size of the dispute and give solutions on what the disagreement requires. But it was later agreed that most of Woburn Leukemia cases were caused by toxins that were exposed to the environment which were suspected to be carcinogenic.
Schlichtmann at first was unable to establish that indeed the children cases of Leukemia were caused by contaminated water from H and G Wells. Woburn had many people, due to this significant population it was challenging to determine which children were affected by contaminated water. One of the principal problems that Jan Schlichtmann encountered while litigating the Woburn case was identifying potential torts plaintiffs and all victims of the contaminated water.
0 kommentar(er)
