Law And The Fear Of Cancer

More plaintiffs have been seeking damages for emotional distress engendered by a fear of contracting cancer. Attorneys Phil Cha and Dan Farino of Archer & Greiner, P.C look at how courts have been treating these lawsuits, and in particular at two important precedents that define the circumstances under which there can be liability, the latest being Exxon Mobil Corp. v. Albright, a Maryland Court of Appeals decision. In that case the court ruled that a plaintiff must show that he or she was exposed to a toxic substance due to the defendant’s tortious conduct; which led to objective and reasonable fear of contracting a disease; and that as a result of that fear there was a manifestation of a “physical injury.”