What is the standard for determining asbestos exposure was a substantial factor in causing asbestos disease?

California, United States of America


The following excerpt is from Lineaweaver v. Plant Insulation Co., 31 Cal.App.4th 1409, 37 Cal.Rptr.2d 902 (Cal. App. 1995):

In evaluating whether exposure was a substantial factor in causing asbestos disease, the standard should be the same as used in other negligence cases: is there a reasonable medical probability based upon competent expert testimony that the defendant's conduct contributed to plaintiff's injury. 2 (Bromme v. Pavitt (1992) 5 Cal.App.4th 1487, 1498, 7 Cal.Rptr.2d 608; Rest.2d Torts, 433B, (1), p. 442.) While there are many possible causes of any injury, " '[a] possible cause only becomes "probable" when, in the absence of other reasonable causal explanations, it becomes more likely than not that the injury was a result of its action. This is the outer limit of inference upon which an issue may be submitted to the jury.' " (Ibid.)

Other Questions


What is the substantial factor standard for determining whether asbestos exposure is a substantial factor? (California, United States of America)
What is the test for determining whether a defendant was a substantial factor in causing an injury? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
What is the test for determining whether a defendant acted as a substantial factor in causing an injury? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
What is the standard for determining whether there is cause of cause of confusion in a jury trial? (California, United States of America)
In a motor vehicle accident case, how have the courts interpreted the standard factor (a)-(b) and (b) instruction in determining the severity of the accident? (California, United States of America)
What is the standard for determining whether a defendant's state constitutional right to an impartial jury was violated by an excusal for cause? (California, United States of America)
What is the effect of section 190.20 of the California Criminal Code on factors (h) and factor (b) in determining a defendant's sentence for assault with a deadly weapon and battery on a peace officer? (California, United States of America)
What is the test for determining whether a single aggravating factor is sufficient to cause the Court to impose the upper term? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.