Open AccessFINDING CAUSAL CONNECTION BETWEEN ASBESTOS AND MESOTHELIOMA IN THE UK TORT LAW
Author(s) -
Богдан Петрович Карнаух
Publication year - 2020
Publication title -
dereito
Language(s) - English
Resource type - Journals
eISSN - 2174-0690
pISSN - 1132-9947
DOI - 10.15304/dereito.29.1.6457
Subject(s) - causation , tort , mesothelioma , asbestos , statutory law , law , compensation (psychology) , medical law , common law , political science , medicine , psychology , pathology , liability , materials science , psychoanalysis , metallurgy
It has been proven by medical science that asbestos fibers are carcinogenic and can cause mesothelioma. Consequently, from the standpoint of tort law a person suffering from mesothelioma should be entitled to claim compensation from the one who exposed this person to asbestos dust. However things are not as straightforward as it may seem at first glance. The aim of the paper is to track the development of case law and statutory law of the United Kingdom regarding the compensation of damage caused by asbestos-related mesothelioma. The survey of UK law is conducted within the methodology of comparative law studies. In addition elements of law and economics approach are also used in the article. The conclusion is made that the peculiarities of mesothelioma pathogenesis call for revision of conventional approach to proof of causation in tort law.