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Research in Law and Economics
Traditional tort law does not allow a victim of exposure to a toxic substance to seek damages without evidence of actual loss. Given the difficulty of collecting damages after a long latency period, however, we examine the desirability of granting exposure victims an independent cause of action for medical monitoring at the time of exposure. We show that such a cause of action is not necessary to induce victims to invest in efficient monitoring. It can, however, increase incentives for injurerdoi:10.1016/s0193-5895(06)22007-4 fatcat:rrltaz75wndchgs3rjqvjidd7i