The Sienkiewicz case and the problems related to causation in mesothelioma cases in the Italian Courts


NADIA COGGIOLA – CDCT Working Paper 1-2012/LST1

Abstract: This paper investigates, firstly, the issue of ascertainment of causal link in mesothelioma cases, consequent to negligent exposure to asbestos dust, in Italian tort law: unlike English courts, Italian courts have never developed a special test for ascertainment of causation in mesothelioma cases. Secondly, the relationship between judicial ascertainment and expert opinion is analysed: the complexity of the modern world increasingly requires judges to draw on science when evaluating judicial cases

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