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Case 12 - Increase in leukaemia rate

from Part B - Causation and multiple tortfeasors

Published online by Cambridge University Press:  23 July 2009

Monika Hinteregger
Affiliation:
Karl-Franzens-Universität Graz, Austria
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Summary

A engages in a polluting activity. Following exposure to the polluting effects, the community where A's site is situated suffers an increase in the leukaemia rate of more than 50 per cent.

  1. Is A liable for the damage if medical studies attest that the pollutants emitted from A's site can lead to leukaemia? What is the plaintiffs' burden of proof on the issue of causation? Who is entitled to damages and to what extent?

  2. Who has legal standing and who can be awarded damages, given the fact that the cost of therapeutic treatment is borne by social insurance, or by public authority?

Comparative remarks

Comparison

Statistical evidence

Statistical evidence alone is usually not sufficient to establish causation. It would be sufficient only if the degree of probability shown by the evidence meets the level of certainty required by the relevant jurisdiction, be it a high probability burden close to certainty, as in Austria, Germany and Spain, or preponderance of evidence, as in the Scandinavian and the common law countries. Another problem of statistical evidence is that, in tort law, the causal link between the individual tortfeasors and the plaintiffs must always be established. Statistical evidence that shows only the relationship between one possible tortfeasor and a group of harmed persons fails to meet this requirement, if the harm can also be attributed to a natural cause.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2008

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  • Increase in leukaemia rate
  • Edited by Monika Hinteregger, Karl-Franzens-Universität Graz, Austria
  • Book: Environmental Liability and Ecological Damage In European Law
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494970.018
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  • Increase in leukaemia rate
  • Edited by Monika Hinteregger, Karl-Franzens-Universität Graz, Austria
  • Book: Environmental Liability and Ecological Damage In European Law
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494970.018
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Increase in leukaemia rate
  • Edited by Monika Hinteregger, Karl-Franzens-Universität Graz, Austria
  • Book: Environmental Liability and Ecological Damage In European Law
  • Online publication: 23 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494970.018
Available formats
×