As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.
Carl F. Cranor & David A. Eastmond,
Scientific Ignorance and Reliable Patterns of Evidence in Toxic Tort Causation: Is There a Need for Liability Reform?,
64 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol64/iss4/2