Operator A is the operator of a site for the proper treatment of hazardous chemicals. After several years of site operation, chemical analysis show that the groundwater beneath the site is contaminated by certain chemicals known by medical science to cause leukaemia. The neighbours B and C can prove that their wells have been drawing from the contaminated water and that exposure to this contaminated water has caused them to suffer severe injuries. Neighbour B has already developed leukaemia. His wife C alleges that she suffers an increased risk of developing leukaemia in the future and that this fact is putting her in a state of constant fear and distress.

1. What kind of remedies do B and C have? Would it make any difference for the scope of damages if fault on behalf of A could be established? Does C have to show some actual physical damage as a prerequisite to sue? How severe must the harm be?

2. Plaintiff B has already died. Does C have a right to claim damages from A as a result of the death of a family member?

Comparative remarks

Comparison

Scope of damages

In all the countries analysed, recovery of personal injury is usually comprised of damages for actual and future loss of income, medical expenses and compensation for increased needs, such as the costs of personal assistance.