Should Victims of Exposure to a Toxic Substance have an Independent Claim for Medical Monitoring? [chapter]

2007 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 injurer
more » ... are, but only at the cost of greater litigation costs. The general reluctance of courts to adopt a cause of action reflects their recognition of this trade-off.
doi:10.1016/s0193-5895(06)22007-4 fatcat:rrltaz75wndchgs3rjqvjidd7i