Risk Assessment in the Courtroom

Abstract

The concepts of risk assessment and the methodologies of quantitative risk assessment have appeared in the courtroom. They are increasingly introduced in asbestos property and personal injury, and benzene personal injury litigation. This development is further evidence of the ubiquitous nature of risk considerations in everyday life. Risk assessment is utilized by U.S. regulatory agencies as an accompaniment to proposals and promulgations of new regulations. Usually, the statements and arguments in the courtroom pertain directly to the language and assumptions incorporated into regulations or documents to support regulations: Whether or not the nature of risk assessment, as presented by plaintiff's and defense experts, greatly influencesjury or presidingjudge decisions is undoubtedly case dependent, and cannot be addressed here on any factual basis. However, the risk-related issues raised in litigation, and the often utilized distortion of the science and art of risk assessment will be briefly discussed. The extension of risk assessment to the courtroom, if foreseen by members of the National Academy of Sciences Committee, was not addressed during the deliberations leading to the “Red Book.”