Causal Chains and Statistical Links: The Role of Scientific Uncertainty in Hazardous-Substance Litigation

Abstract

Many commentators recognize proof of causation as the paramount obstacle to just resolution of tort claims based on injury from toxic substances.' Causation has thus become the focus of a number of essays and investigations.2 Some authors have argued persuasively for a restructured tort law system that could compensate hazardous-substance injuries appropriately. 3 Others maintain that common law courts cannot cope with the sophisticated social and scientific problems raised by such injuries.4 The latter group argues that a regulatory agency could better resolve hazardous-substance-induced injury claims.5 The debate between those who support modifications of tort law doctrine and those who support an administrative approach to

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