FINDING CAUSAL CONNECTION BETWEEN ASBESTOS AND MESOTHELIOMA IN THE UK TORT LAW

Resumo

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.