The civil litigation system has to date struggled to deliver justice to parties affected by the asbestos tragedy. The truth is, a system that relies upon findings of blame as the basis for awarding compensation is inherently ill-suited to dealing with scientifically complex diseases arising from events that occurred many decades earlier. As the courts continue to grapple with the difficult issues that arise, those affected by the judgments will rarely find satisfaction in the outcome.
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Rod Freeman is a partner in Lovells’ product liability practice.