Bard v. Monsanto Co.
Bard v. Monsanto Co. (Court of Appeals of Washington, Division 1, November 2, 2020): The appellate court found that the explicit purpose of Washington Revised Code § 43.20.050, authorizing the state board of health to adopt regulations regarding environmental conditions in public facilities, did not imply a cause of action for failure to enforce such regulations. A group of students, parents, teachers, and staff alleged that serious toxic chemical exposure injuries were sustained at Sky Valley Education Center. They sued Snohomish Health District, arguing that § 43.20.050 created an implied cause of action. The court concluded that (1) the statute does not specifically protect people in schools; (2) the legislature did not intend to imply a cause of action; and (3) implying a cause of action was unwarranted by the statute’s general purpose of protecting public health. Read the full decision here.
View all cases in the Judicial Trends in Public Health – February 16, 2021.