Sheila Scheuerman, ‘Against Liability for Private Risk‐Exposure’

“… To those unfamiliar with this type of litigation, the Toyota cases might prompt an obvious question: Can a plaintiff who has not yet suffered an injury sue based on the risk of future harm? One would think this question is easily settled. As Judge Frank H Easterbrook of the United States Court of Appeals for the Seventh Circuit famously stated, ‘[n]o injury, no tort’. And indeed, many courts have rejected these suits on grounds ranging from lack of constitutional standing to lack of causation. Yet the courts are intractably divided over whether these ‘no injury’ or ‘unmanifested defect’ suits are cognizable …”

Sheila B Scheuerman, Against Liability for Private Risk Exposure (2012) 35 Harvard Journal of Law & Public Policy 681.

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