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Liability for Increased Risk of Harm: A Lawyer’s Response to Professor Shafer

  • Melanie B. Leslie
Part of the Studies in Fuzziness and Soft Computing book series (STUDFUZZ, volume 94)

Abstract

Tort doctrine, which insists on proof of causation by a preponderance of the evidence, frustrates two of tort law’s principal objectives — deterrence of harmful behavior and the facilitation of corrective justice — when applied to cases in which causation is extraordinarily difficult, if not impossible, to determine. Causation problems are particularly complex in cases where plaintiffs allege that their injuries result from exposure to drugs or other chemicals. Professor Shafer’s suggestion, which advocates allowing such plaintiffs to recover simply on a showing of increased risk of injury, is a provocative attempt to correct the inadequacies posed by current doctrine, and is an inspiring starting point for rethinking whether and to what extent tort doctrine must change.

Keywords

Supra Note Corrective Justice Trial Court Tort System Latent Injury 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Physica-Verlag Heidelberg 2002

Authors and Affiliations

  • Melanie B. Leslie

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