Scientific Uncertainty in Court

Abstract

The use of scientific evidence in regulatory matters and in litigation has become increasingly important in the past several years. With the proliferation of information about the risks associated with certain chemicals, nonscientists have become much more fearful of all chemicals. Rarely do they stop to consider important factors such as concentration. News reports have often sensationalized and popularized fear of chemicals, and certain unscrupulous people in both legal and scientific fields have used this fear for their own financial benefit. A new term has appeared—junk science—that describes, among other things, the courtroom testimony of scientific experts who proffer suspect theories. In most cases, these fringe theories are offered to help establish that some malady was caused by a defendant's product or by some emission from the defendant's facility. A flood of toxic tort litigation based on alleged exposure to very low levels of chemicals has sprung up. Because courts have some difficulty de...