EN
TR
Anahtar Kelimeler: Toksik risk, Bilimsel nedensellik, Hukuki nedensellik, Ürün sorumluluğu ABSTRACT…
In this study, we examine human health risks and the challenges arising from evaluating these risks in tort law. In toxic tort law, as in traditional tort law, the injured party must prove the damage, and the causation between the damage and the activity or the product in question in order to be compensated. This is often difficult for both the injured party and the court in a toxic tort case due mainly to the infeasibility of scientifically establishing the risk of the activity or the product alleged to have caused damage. In some cases, such difficulty in evaluating and establishing risks may also lead to social controversy as well as economic and political problems. For this study, we consider the case of Johnson v. Monsanto Co., one of the most controversial (tort law) cases in recent years. Johnson v. Monsanto Co. represents an excellent example demonstrating how a toxic tort law case can raise public awareness of and draw international attention to social, economic, and political issues associated with the challenges faced in evaluating human health risks in toxic tort law.…
Keywords: Toxic risk, Scientific causation, Legal causation, Product liability…
