Civil Litigation
Jun. 26, 2017
Defend causation precedent in asbestos suits
California courts have increasingly watered down or altogether ignored the substantial-factor requirement.
Cory L. Andrews
Senior Litigation Counsel
Washington Legal Foundation
2009 Massachusetts Ave., NW
Washington , DC 20036
Phone: (202) 588-0302
Email: info@wlf.org
The Washington Legal Foundation is a national public-interest law firm that regularly advocates in favor of free enterprise, individual rights, limited government, and the rule of law.
Under settled principles of tort law, a plaintiff seeking compensatory damages in a product-liability case must show that the defendant's product was a "but for" cause of his or her injury. Even in the typical toxic tort case, such a showing requires not only proof of exposure to the defendant's product, but also exposure to a sufficient dose of the defendant's product to actually cause the plaintiff's disease.
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