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The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law theories of negligence, strict liability, products...

More Thinking About Smith v Inco – A Videocast Analysis by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868] UKHL 1, (1868) 3 L.R. 330 , in an environmental...

A Videocast on the Application of Rylands v. Fletcher In Nuisance Actions

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868] UKHL 1, (1868) 3 L.R. 330 , in an environmental...