Negligence & Requirement of Damages: Rhode Island Law Updates By Attorney Ronald J. Resmini

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 www.resminilawoffices.com http://www.resminilawoffices.com, 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.