Proving Causation in Toxic Tort Claims: Will the Judiciary Bend.

摘要

This thesis examines causation standards traditionally applied to claims brought for personal injury resulting from toxic torts. The background and unique nature of the area of toxic torts are examined to determine why traditional rules of causation often bring inequitable results. Models for new causation standards are discussed that propose different rules in an attempt to more accurately meet the realities of claims that do not fit well under the existing tort structure. Recent case law is reviewed to determine whether the judiciary is modifying toxic tort causation standards or if it continues to apply traditional tort rules to such claims. The author concludes that courts are reluctant to carve out different standards to accommodate the complex nature of these claims.