Legal Definitions - remedial law

Remedial law refers to the body of legal rules and procedures designed to enforce rights, prevent wrongs, or provide a remedy for injuries that have occurred. Essentially, it outlines the practical steps and solutions available through the legal system to ensure justice is served. This can include laws that establish court procedures, define the types of compensation available, or even modify existing laws to offer more effective ways for individuals to seek recourse when their rights have been violated or they have suffered harm.

• Consumer Protection Laws: Imagine a state passes a new law that allows consumers to return defective major appliances within 60 days for a full refund or replacement, even if the manufacturer's warranty is more restrictive.

  This law is remedial because it provides a specific means (the right to return or replace) and a clear remedy (a full refund or new appliance) for consumers who have purchased a faulty product. It enforces their right to receive goods of acceptable quality and redresses the injury of receiving a defective item, offering a practical solution to a common problem.

• Workplace Safety Regulations: Consider a federal regulation that mandates employers provide specific safety equipment and training for employees working with hazardous materials, and allows workers who are injured due to non-compliance to sue for medical expenses, lost wages, and pain and suffering.

  This regulation is remedial in two ways: it provides a means to prevent wrongs by requiring safety measures, and it establishes a clear remedy (the ability to sue for damages) for employees who suffer injuries due to an employer's failure to uphold their rights to a safe workplace. It outlines how justice can be sought and achieved after an injury.

• Environmental Cleanup Legislation: A new piece of legislation is enacted requiring companies responsible for polluting a river to not only pay fines but also to fund and execute a comprehensive plan to restore the affected ecosystem, including removing contaminants and reintroducing native species.

  This legislation is remedial because it establishes a clear means (funding and executing a restoration plan) to redress the injury caused by environmental damage. It provides a practical solution to enforce the public's right to a clean environment and actively correct the harm that has occurred, going beyond mere punishment to ensure restoration.