With stigma damages, they are usually awarded with some common law theories such as trespass, nuisance, and negligence. These theories will be discussed later on. Plaintiffs have used these to recover when there is an actual contamination. Stigma refers to perception. So usually, it’s not when an actual event has occurred. In this context, we are talking about contamination. Stigma damages usually refers to damages of negative perceptions that deal with contamination. Courts award stigma damages with other types of relief as mentioned above. There is a lot of controversy associated with stigma damages because of what stigma represents. Because it’s all about perceptions, the damages are not the actual physical damages, like contamination, …show more content…
Supp. 2d 969 (D.Wyo. 1998). Based on another case, Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008), stigma damages are usually available to the property owner when they “can demonstrate that an imperfect market rendered her property less valuable after remediation of environmental contamination, despite complete restoration.” Not all restoration can restore the damage that was allegedly done to the property. However, it is hard to establish that the contamination is to devalue the property significantly. In Metuchen I, LLC v. Borough of Metuchen, 21 N.J.Tax 283, it was hard for experts to show that property tax value was diminished due to environmental contamination. But one expert was able to show that you could combine stigma with clean up costs. Aside from the diminution of property value, another fear property owners have about the contamination to their property is the fear of future illness. In order to claim for an increased risk, the plaintiff has to show a physical injury that has occurred already or a future injury of a disease or condition due to future contamination. However, sometimes it is hard for a plaintiff to show all this because usually the injury is based on speculative claims. A plaintiff would most likely have to prove an excess of 50 percent that there is a risk of injury. Ayers v. Jackson (1987) 106 N.J. 557, 525 A2d. 287, 307. Associated to this fear of future illness with stigma damages is medical monitoring damages. It can be argued
Accordingly, since Clendenin Bros., the policy language has been broadened—seemingly in response to Clendenin Bros. and similar cases—to include not only environmental pollution, but also, substances that are “harmful or toxic to persons [or] property.” The significance of this distinction was recognized in Clipper Mill Fed., LLC v. Cincinnati Ins. Co, 2010 U.S. Dist. LEXIS 112172 (D.Md. 2010), where a landlord/insured alleged that damages caused by “[t]oxic and dangerous airborne pollutants” attributable to a malfunctioning HVAC unit gave rise to a claim against the insured by a tenant. Id. at 3. In that case, although the pollution at issue was not “environmental,” the District of Maryland observed that:
There are two types of nuisance claims, private and public. Private nuisance is a nontrespassory invasion of another’s interest in the private use and enjoyment of land. Nuisance requires interference of the Plaintiff for the right to use and enjoy their land. Also, private nuisance requires harm for liability. In relation to the first project, the Keith Family can claim private nuisance because the toxic substance leaching into their well does unreasonably interfere with their right to enjoy their well. In addition to this, the leaching into their well caused irreparable brain damage (harm) to the children of the Keith Family. In regards to the second project, it is assumed that the gasoline leak did not extend to the property owned by the Keith Family (as explained in the above paragraph). If the gasoline leak did touch the Keith’s property, the leak must have been a harm that is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible. It may be considered unreasonable because it did cause the Keith Family’s revenues
Michigan has an environmental liability program that allows new owners of a contaminated area to conduct field assessments and if the site is contaminated, the new owners are not liable. The state has spent nearly $18 million dollars already and is in need of another $10 million for investigation and alternative water options. However, in an article recently published by the Michigan House of Republicans, funds to pay for the initial phase of a solution has been authorized. The solution is to upgrade the Mancelona Area Water & Sewer Authority’s (MAWAS) wells, fields, and water mains. The purpose is to ensure that Antrim county residents in affected areas, have access to clean water. Many of them were being supplied with bottled water. There are roughly 1,500 properties in the MAWAS servicing area that receive their drinking water from the public system. The funds are to help pay for the construction of new water storage tanks, the installation of a pressure booster station, and a connecting water main which will help manage the impact of the TCE plume on the well
Another stigmatizing attitude that was affected by news event and disorder label was anger. The results suggested that a mass shooting incited more anger in participants than a suicide. This result makes sense because of the amount of people killed or injured by the character; participants were angry that the character targeted innocent people. With regard to disorder label, the results indicated that there was no anger differences toward Jake Robinson in any of the disorder label conditions. This result does not make much sense because of previous studies regarding schizophrenia and depression. A previous study demonstrated that people negatively perceived labels of schizophrenia (i.e., “person with schizophrenia” and “schizophrenic);
There is a lot of misunderstood stigmas regarding eating disorders that can delay someone from getting the treatment that they need. Most people only notice a person has a problem if they have bulimia or anorexia that causes them to slowly take on a skeletal form from not getting enough nutrition. But there are many other eating disorders that cause the opposite to happen, such as Binge Eating Disorder. The age that a person can begin to have symptoms can also vary well past the teenage years. Many adults suffer needlessly because no one notices what is happening to them. It is the people who are the closest to the person with the eating disorder that can see that something is definitely wrong, though. And because of this, they can help fight the disease in several different ways.
Through the years, courts are starting to recognize the idea of stigma damages. Stigma damages are defined as damages granted to property owners for their fears of contaminated property and the fear that their property is less valuable after contamination despite complete restoration. These recoveries are usually based on the public’s perception, which are usually negative. The property owners have these fears that the public will view their property negatively because of the contamination that occurred on to their property. Stigma can also be triggered by actual risks or fear. But in most cases, they are usually perceived by the owners. Types of fears and risks deal with public liability, fear that there will be additional health hazards and in general, fear of something that is not known to occur. Overall, stigma is based on perception by property owners
Eno Road was used as “the dumping ground” for the county for over forty years, before they officially made the land a landfill. The researchers found that over fourteen-hundred people retrieved their drinking water from private wells or springs within four miles from the landfill, which caused contamination of TCE and other hazardous chemicals throughout the private wells and springs. One particular African American family, the Holt family, basically received a “death sentence” from the U.S. Government because the Holt’s well “was not retested or monitored as recommended by state officials” (140). The whole Holt family experienced a range of deadly illness; anyone would have had these illnesses from drinking well water that had twenty-six parts per billion of TCE, which is twenty-five more than the regulation. Yet, the Holt family had to wait to be “treated,” but they never received the respect or the money they deserved from this awful
People say no to therapy for various reasons and also there are negative stereotypes that accommodate treatment. Locating a clinical team that are a good match could be a challenging experience. Finding a treatment facility that works in a collaborative fashion that focuses on specific needs of clients and that works to build relationship are a large part of the therapeutic process. But then there are other factors such as clinical style and theoretical orientation which both influences how the treatment team will work with client. The majority of people locate treatment facilities based on recommendation of friends or PCP. Clarifying the therapeutic process and assisting clients in becoming more informed about the process of therapy will
This can be shown in areas that are considered fenceline communities. These are communities that are located directly in the midst of toxic pollution. Residents who live in these communities often accept their conditions of their surroundings and wait for disasters to happen. These disasters include chemical spills or toxic contamination that can demolish their communities at some point. These individuals are also put at a higher risk for possible terrorist attacks. Moreover, residents who live nearby also suffer by having their wealth stolen through lowered property values. To show example, in 1992 the National Law Journal found discrepancies in the way the Environmental Protection Agency enforced its Superfund laws (Bullard & Wright 2012). In the same year Michigan’s Department of Environmental Quality signed off on permits allowing Genesee Power Station to build an eighty million dollar incinerator for construction use. This incinerator was built beside a predominately black low income neighborhood (Burke 2017). The residents were forced to be exposed to particulate matter, carbon monoxide, lead, and acidic gases. Being within walking distance from a chemical site would eventually begin to affect their quality of life and health (National Research Council). If disasters are to take place they are often blamed on natural occurrences. This concept tends to be pushed by corporations who do not want to own up to
In my small hometown of Caribou, Maine, there are several factors that play into the structure of the community as a whole; one being the kids who are attending our schools. But, how do these kids get involved into our community? School obviously provides an outlet for socialization and integration of education as well as sports and various other activities, however; what drives these kids to participate in them?
Politics of respectability, first introduced by Higginbotham (1993), directly responds to a stigmatized attribute of a group. Stigma refers to an attribute that distinguishes one from others as a less desirable kind in a given social category. One could be stigmatized based on his or her sexuality, dis/ability, criminal history, and other social characteristics that is “tainted, discounted” (Goffman 1963, p.3). For LGBT individuals, the stigmatized attribute is their sexuality; for many racial minorities, their subordinate racial status. Goffman (1963) argues that a stigmatized person manages their marginalized and stigmatized status by either revealing or concealing the stigma. Both revealing and
It is really a shame that the fear of stigma can cause people to avoid treatment. Over the past couple years, I had the honor of making friends from all over the world, many in the UK. As expected when dealing with a large group of teenaged girls, quite a few were struggling with feelings of depression and anxiety. It was such a shame that when I suggested therapy, they looked at me in a horrible and embarrassed way. They went on desperately ‘convincing me’ they are not crazy people who needed therapy! Even the few who saw my point of view, going to therapy was out of the question because they were afraid of what other people (even their own parents and close friends!) would think about them. This stigma seems to be slowing going away. Hopefully,
I enjoyed reading your post this week. There were many interesting points that were made that I’ve never thought of before. When it comes to barriers you provided I can also agree with you that stigmas can hinder international cooperation. I believe that stigmas are extremely important when it comes to various health issues with populations in other countries. Stigmas are placed on different areas of health such as mental illness, HIV, and obesity. 1If stigma is primarily psychological, and then eradicating it may involve psychotherapy to help patients boost self-esteem. 1If it is more of a social construct, the way to fight it is through awareness campaigns to change public opinion and policies. 1And if stigma is a moral issue,
Stigma damages is all about perceptions. These perceptions can be reasonable or unreasonable. The public hears about these incidents occurring to property and then make their perceptions of how they view the property. The public is what creates the perceptions and therefore, triggers the risks that become associated to that contaminated property. Media has a lot to do with this. For the most part, people are uneducated with the risks that are associated with contamination on property and believe what they hear on the media, which can be biased and incorrect. Based on studies, the media usually broadcasts the big stories with the major contaminations on property. Therefore, people perceive these incidents as the risks that can occur on their property if contaminated. These perceptions also affects the owners’ behavior because the fear could make them do drastic things or just make them feel paranoid of what people may think about their property. It is hard to prevent media from broadcasting the stories they want to show, therefore, there is always going to be these perceptions from people about contamination. These property owners just have to prove with some evidence, some type of
The cross sectional study was conducted to explore stigma and discrimination against PLHIV by healthcare providers in health care institution of Jimma zone, Southwest Ethiopia .the study reveals that the PLHIVs experienced discrimination from health care providers like unofficial disclosure of status and test results, designating HIV clients and unnecessary referral to other healthcare institutions and unethical treatment or refusal to treat clients. Further due to lack of in-depth HIV knowledge and direction about policies against stigma and discrimination among health care providers higher level of stigma discrimination associated with