Abstract
Causation is a central issue in toxic tort cases as it must be proven by the plaintiff to prevail against a defendant. If a tort action deals with obvious cause, causation may not be the focal point of the case and the central issue may turn to defining a product’s defect or determining liability. Causation becomes the focal point when the link between cause and effect cannot easily be determined. Where such links have been needed in science and regulation, the process of risk assessment has been heavily relied on. However, considering recent tort cases and regulatory decisions, questions exist as to the reliability of risk assessment given uncertain cause and effect, its relevance in court, and its usefulness in regulation.
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