Abstract
A major goal of the common law of torts is to provide compensation to victims for injuries caused by the negligence of another. In the traditional tort situation, the injured person suffers immediate personal harm that can be directly attributed to the acts or omissions of the negligent party. Exposure to toxic chemicals or radiation, however, may result in biological damage that manifests itself months or years after the initial exposure. More importantly, it may be impossible for the injured party to link the toxic chemical or radiation exposure directly to the biological damage. While scientists know, for example, that radiation exposure causes certain types of cancers, they are currently unable to determine whether a particular cancer was caused by radiation exposure or by some other environmental or genetic factor. Accordingly, the biologically damaged plaintiff may be able to develop only an indirect or indeterminate causal relationship between the exposure and the injury based either on personal medical-scientific diagnosis or through medical epidemiological evidence that indicates a statistical increase in the amount of those injuries in a particular geographic area.
Recommended Citation
Ball, Howard
(1985)
"The Problems and Prospects of Fashioning a Remedy
for Radiation Injury Plaintiffs in Federal District
Court: Examining Allen v. United States, 1984,"
Utah Law Review: Vol. 1985:
No.
2, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1985/iss2/2