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A Principled Solution For Negligent Infliction Of Emotional Distress Claims, Robert J. Rhee
A Principled Solution For Negligent Infliction Of Emotional Distress Claims, Robert J. Rhee
UF Law Faculty Publications
This article examines negligent infliction of emotional distress, one of the most controversial and least uniform fields of tort law. A review of the judicial and scholarly literature has shown that traditional tort analysis fails. In its stead, the common law has not found an alternative theory of liability that balances the competing interests. Rather, the approach has been to create rules of law based on probabilistic templates. Its dual purpose is to preclude individualized analysis and to limit aggregate liability. This article rejects the current doctrines as inherently arbitrary and proposes a complete overhaul of the law. To find …
The Application Of Finance Theory To Increased Risk Harms In Toxic Tort Litigation, Robert J. Rhee
The Application Of Finance Theory To Increased Risk Harms In Toxic Tort Litigation, Robert J. Rhee
UF Law Faculty Publications
In toxic tort litigation, a plaintiff has no cause of action for increased risk of harm unless that risk is proven by a preponderance of the evidence to lead to a future physical injury. This rule of law is based on an antiquated concept of uncertainty, and evinces the law's detachment from the knowledge gained from other intellectual disciplines and the everyday workings of the world. This article argues that freedom from increased risk should be a legally cognizable interest, the violation of which gives rise to an independent cause of action. When analyzed under finance theory, increased risk harms …