According to a recent article from the National Law Review, the state of Florida joined a group of states that are making it more difficult to prove causation in mesothelioma lawsuits. The first thing to discuss is what the term causation means in this context.
In any mesothelioma lawsuit, the primary claim is filed under a negligence theory. This is true even though we may be dealing a specific claim such as a failure to warn of a known danger. In any negligence case, there are four elements. The first element is whether the defendant owed a duty of care to the plaintiff. The second element is whether the defendant breached a duty of care, assuming one was owed. The next element is known as causation and the fourth element is the amount of damages, if any, the defendant’s breach of a duty of due care caused the plaintiff. Continue reading →