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Litigation News
Untangling Causation Issues In Law And Medicine Hazardous Substance Litigation
Judges and juries are increasingly being asked to settle questions about disease caused by hazardous products.With the growth of litigation on toxic substances and unsafe products, more and more courts must wrestle with the complicated scientific proof of the relation between exposure and disease or injury.
This proof frequently involves the use of probabilistic evidence in the form of statistical tests and epidemiologic studies.
Anglo-American law relies on deductive notions of causation and is suspicious of probabilistic evidence of causation.As a result, court decisions of hazardous substance cases are sometimes based on a confused understanding of the critical causal connection.
Physicians who testify in such cases, either as the treating doctor or as expert witnesses, must be aware of the court`s difficulty with probabilistic evidence. In addition, physicians must state clearly the role of such evidence
Product liability litigation can arise when a consumer is injured or killed by a defective product.
Under the Trade Practices Act, applicable after July 9 1992, the product liability provisions grant to take legal actions to those who suffer loss or injury due to a defective product or service and give grounds to take legal action against the manufacturer and/or supplier of that particular product.
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Common law is the type of legal system the United States is based on. Common law originated in England and is based on judicial decisions rather than legislative action.
Docket
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A docket is a collection or log of court proceedings.
Bench trial
Definition:
A bench trial is a trial by a judge without the jury.
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