Document Type

Article

Publication Title

Vanderbilt Law Review

Abstract

Cases involving scientific uncertainty should be resolved on the basis of the appropriate tort norm for allocating the burden of factual uncertainty. This norm does not require epidemiological proof in the products liability context, because such proof is primarily relevant for damages rather than causation. For damage issues, the tort norm allocates the burden of factual uncertainty to the defendant. In other contexts, epidemiological evidence is primarily relevant for causation, and the requirement of epidemiological proof is consistent with a tort norm of equality. The requirement, however, is limited by various contextual considerations, including the current state of science, and the epidemiological proof need not always show at least a doubling in risk.

First Page

1011

Volume

54

Publication Date

2001

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