Environmental
Aug. 28, 2009
Causation Is Key
No matter how poignant or tragic the victims of exposure to toxic chemicals, lack of causation often dooms their cases, writes Denis Binder.
The greatest issue in toxic torts litigation over the past quarter-century has consistently been causation. In essence, plaintiffs must link their illness to the specific chemical(s) that the defendants exposed them to. Technically, the rule is that the plaintiff has the burden of proof by a preponderance of the evidence to show that the defendant's act more likely than not was a cause, not the cause, of his or her illness. See the cla...
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