Dutch Case Note

摘要: In Dutch law, the question whether asbestos victims suffered any damages will not be problematic because lung cancer is an actual'damage'. The main problem in cases like this lies in the causal uncertainty between the exposure to asbestos and the development of lung cancer. The problem of uncertain causality in asbestos cases involves a multidisciplinary interaction between judges and experts and is well established in the literature. However, the case of Johnston v. NEIInternational Combustion Limited'differs from other asbestos cases, in that whereas the three claimants showed clear evidence of exposure to asbestos, they had not developed lung cancer yet. In Johnston and in similar cases, the evidence of exposure to asbestos comes from X-ray examination of the lungs. The visceral pleura and sometimes the parietal pleura show pleural plaques, that is, localized areas of pleural thickening with well …