Class Actions and the Problem with Probabilistic Causation

AuthorSarah Bittman
Pages129-153
129
CLASS ACTIONS AND THE
PROBLEM WITH PROBABILISTIC
CAUSATION
Sarah Bittman
Abstract: This paper is a crit icism of one of the proposed
responses to the problem of indeterminate plainti ffs in the
mass torts context. This occurs particularly in cases where
a defendant corporation exposes a population to a harm-
ful chemical or product that in turn increases their risk of
contracting a disease. Where it cannot be determined if the
incidence of the disea se was caused by natural background
factors or the exposure, plaintiffs are denied relief.

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