The “No-Safe-Level” Theory Is Just as Bad in the Real World as in Litigation

RobertWrightFeatured Expert Contributor, Mass Torts—Asbestos

Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA

Plaintiffs who allege cancer from asbestos often rely on the theory that there is no safe level of exposure.  Because there is no safe level, any exposure can be considered a cause of disease, so the theory goes (I’ve written for this blog on the theory here.).  That causation theory has been criticized on the ground it conflates causation with the risk of injury.  The flaws with that theory when it’s applied to asbestos litigation become all the more apparent when it is applied in other, real-world contexts.  The concept of no safe level can cause policy makers to exaggerate risks and can even lead to unnecessary injuries. Continue reading “The “No-Safe-Level” Theory Is Just as Bad in the Real World as in Litigation”