Eliminating general causation: Notes towards a new theory of justice and toxic torts

Professor Berger proposes a new model for toxic tort cases that would impose liability without proof that the defendant product caused the plains tiff's illness. lnstead, liability would rest on proving that the defendant failed to develop, and disclose information that is needed to assess serious latent risks. After looking at the scientific evidence used to prove causation and case studies of corporate behavior, Professor Berger concludes that the present causation model is blind to the realities of scientific uncertainty and corporate behavior. The consequence is a system that creates disincentives for corporate behavior that would p-event injuries, and that does not reward corporations that act responsibly. Because it fails to promote moral responsibility or to deter societal harm, the present causation model is antithetical to tort law objectives.