We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Attributable Risk And Specific Causation

Law360 (November 10, 2008, 12:00 AM EST) -- The plaintiff in a pharmaceutical products liability or toxic tort case must prove by a preponderance of the evidence that the drug or other substance more likely than not caused or contributed to his alleged injury.

Proving causation in such cases typically involves a two-step process: the plaintiff first must prove that the substance is capable of causing the type of harm alleged (i.e., general causation) and then must prove that his particular exposure to it in fact caused his alleged injury (i.e., specific causation)....
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.