Sick building syndrome: a potpourri analysis

Article Abstract:

Plaintiffs seeking recovery for 'sick building syndrome' in jury trials face the burden of proving causation to prevail. Unlike 'building-related illness,' where a diagnosable illness can be tied directly to airborne building contaminants, 'sick building syndrome' defines a situation where the exact cause of the plaintiff's symptoms is unknown. Plaintiffs must often distinguish between multiple possible causes, which may prove impossible. The high litigation costs should prompt defendants to monitor their premises and quickly remedy potential problems.

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"Sick building" and "indoor air quality"

Article Abstract:

Liability claims of health problems stemming from indoor air pollution are increasing. A more consistent regulatory approach is needed to address such problems. Property damage claims may also result from indoor air pollution. Practitioners in the area of indoor air pollution should understand the differences between the terms building related illness, sick building syndrome, and multiple chemical sensitivity. Causation issues are often complex, and may involve the use of novel scientific evidence.

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Sick building syndrome: airing insurance coverage issues arising from this new wave of toxic tort litigation

Article Abstract:

Insurance coverage issues involving 'sick building syndrome' may create a new wave of toxic tort litigation. Coverage for such claims demands an understanding of the insurer's duty to defend the factors that trigger coverage, various court definitions of 'bodily injury' and 'property damage,' as well as 'pollution exclusions' to SBS claims. Workers' compensation and personal injury coverage issues and potential coverage under property insurance and other policies should also be considered.

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