Chemical liability in risk society: A comparative quest for an optimal approach of complex causation in toxic tort

Abstract

Excerpt from conclusions: The core difficulty to prove causation is independent of the legal system where a toxic tort claim is filed. The aim of this study is not to evaluate the strengths and weaknesses of the individual system. Neither is it an inventory of country specific challenges and opportunities. The objective is to learn from different experiences and approaches in such a way that proof of causation in toxic tort becomes less of a burden. The overall conclusion is that toxic tort will remain challenging. Fixed solutions and all-encompassing principles cannot not be formulated. The quality of the toxic tort litigation depends equally on reliability of the scientific evidence and on the competencies of the judge and the court. Another fundamental conclusion is that much can be done to increase the quality of toxic tort judgements, whilst simultaneously making judges more comfortable with their complex tasks in this area. Several solutions have been proposed in this last part of the study, some easier to implement than others. The basis is, however, the recognition of the need that the courts should understand science. Education and assistance through transdisciplinary teams, personal expert assistance and reference manuals are needed. Science is continuously evolving and court should be able to remain knowledgeable in a manner that guarantees the quality and accuracy of chemical liability. Hopefully this study helps with that. Beyond these particularities toxic tort fits into the different categories of tort and should thus adhere to the relevant standard principles. After studying on causation in toxic tort, other interesting questions relating to harm caused by chemicals popped up. At first sight one could think that a lot is already written about the suggestions. When looking at the topics in relation to the specific issues of toxic chemicals as they impact human health and environment, this is much less the case. ...