Abstract 187 In its decisions on asbestos-related mesothelioma claims, the European Court of Human Rights (ECtHR) has held that where it is scientifically proven that it is impossible for a person to know that they suffer from a certain illness, this must be taken into account for the purposes of limitation. This contribution explores from a comparative perspective which conclusions can (or cannot) be drawn from these decisions for future tort claims relating to forever chemicals. In particular, it discusses the notion of ‘illness’, knowledge of which must be possible under the ECtHR’s case law; whether the current difficulties of establishing causation between exposure to forever chemicals and an illness might one day have the same impact on limitation as the impossibility of knowing that one is ill before the limitation period has expired; and the potential impact of increased-risk claims on limitation. While the focus lies on personal injury claims, property claims are also addressed.
Corinne Widmer Lüchinger (Wed,) studied this question.