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Re: Hanford Site Cleanup Standards

Like I said - "attractive nuisance" is one step down from "Strict

liability"  With Strict liability there is no defense - that is what

"strict" means.



"Stabin, Michael" wrote:

> 

> > This is kind of like the "attractive nuisance" classification

> > for a swimming pool - taken one step further

> 

> The difference here is that your neighbors don't sue you because a

> family member *could have possibly* drowned in your pool, some actual

> harm has to occur first. With radiation standards, a site may comply

> with the law (which most agree is set to a conservative level), even

> comply with ALARA, and anyone with cancer (which 20% of any population

> living near any installation will of course have) can seek damages with

> a good chance of winning, given the current conditions. They don't need

> to win in court, an out-of-court settlement for some fraction of what

> they sued for will do. If we applied practice with radiation standards

> to swimming pools, all of us could become rich by suing all of our

> neighbors that have pools, even if they were fenced in, screened in, and

> monitored 24 hrs/day, claiming that one of our kids could theoretically

> fall into them and drown.

> 

> Mike

> 

> Michael G. Stabin, PhD, CHP

> Assistant Professor of Radiology and Radiological Sciences

> Department of Radiology and Radiological Sciences

> Vanderbilt University

> 1161 21st Avenue South

> Nashville, TN 37232-2675

> Phone (615) 343-0068

> Fax   (615) 322-3764

> Pager (615) 835-5153

> e-mail     michael.g.stabin@vanderbilt.edu

> internet   www.doseinfo-radar.com

> 

> 

> 

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