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Expect Déjà vu all over again
Authors:Diane R Smith  Robert J Gibson  Sean M Sherlock
Abstract:It is difficult to define “property damage,” but one knows it when one sees it. Groundwater and soil impacts are readily discernible. However, owners of property that has been adversely affected by environmental conditions caused by others have recently sought recovery for the stigma which may attach to property which has in the past been affected by hazardous substances, even after remediation. These cases are particularly interesting in light of the traditional causes of action for negligence, trespass, and nuisance, and the statutes of limitations which may affect both rights to sue and damages. This article addresses “stigma” as an emerging area and an element of damages in environmental cases.
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