Changing legal standards for proof of causation in hazardous waste tort cases. Plaintiffs' problems and congressional responses

Journal Article · Thu Dec 01 04:00:00 EST 1983 · Am. J. Forensic Med. Pathol.; (United States)

DOI:https://doi.org/10.1097/00000433-198312000-00016· OSTI ID:6747791

Learner, L G; Hartman, K L; Berry, D S

Increasing public awareness and concern over the possible dangers of exposure to toxic chemicals and hazardous wastes has resulted in a variety of lawsuits brought by plaintiffs claiming injury resulting from chemical exposure. The legal system and its traditional approach to tort cases demands that a plaintiff demonstrate that a particular chemical substance was the ''cause in fact'' of his injury. However, a plaintiff's inability to present credible scientific evidence sufficient to pinpoint conclusively the specific cause of his injury or disease, particularly in cancer cases, leads to defeat in courts of law. This article discusses the existing barriers to plaintiffs' recovery in toxic tort cases and reviews congressional proposals designed to ease plaintiffs' evidentiary burden and increase their chances of prevailing.

• Research Organization: Goodwin, Proctor and Hoar, Boston, MA
• OSTI ID: 6747791
• Journal Information: Am. J. Forensic Med. Pathol.; (United States), Journal Name: Am. J. Forensic Med. Pathol.; (United States) Vol. 4:4; ISSN AJFPD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
530100* -- Environmental-Social Aspects of Energy Technologies-- Social & Economic Studies-- (-1989)
ANIMALS
CARCINOMAS
DISEASES
HAZARDOUS MATERIALS
HAZARDS
HEALTH HAZARDS
LEGAL ASPECTS
LIABILITIES
MAMMALS
MAN
MATERIALS
NEOPLASMS
PRIMATES
VERTEBRATES
VICTIMS COMPENSATION