Class Actions and the Problem with Probabilistic Causation

This paper is a criticism of one of the proposed responses to the problem of indeterminate plaintiffs in the mass torts context. This occurs particularly in cases where a defendant corporation exposes a population to a harmful chemical or product that in turn increases their risk of contracting a disease. Where it cannot be determined if the incidence of the disease was caused by natural background factors or the exposure, plaintiffs are denied relief.