In this update of Rhode Island Practice Tort Law and Personal Injury Practice (Vol. 1), Chapter 2 , Negligence, Section 82, I update my previous publication from 1990.
*82. The Requirement of Damages
The possibility of contracting cancer resulting from mere exposure to a carcinogen (see asbestos/mesothelioma), although potentially increasing one’s risk of developing cancer, is too tenuous to be a viable cause of action. (Kelley v. Cowessett Hills Assocciates, 768 A2d 425 (RI 2000). Thus, in cases alleging negligent exposure to asbestos, a plaintiff cannot, as a matter of law, establish a prima facie case of negligence absent any physical manifestation of asbestos-related illness or disease. Id
The Ronald J Resmini Law Offices in Providence and Seekonk Massachusetts, has represented clients who were unknowingly exposed to asbestos in the workplace. If you feel that this may apply to you, please give us a call for a no-obligation, initial consultation.