英文摘要 |
In recent years, toxic tort litigation has increasingly emerged as a viable legal response to environmental pollutions in Taiwan. However, plaintiffs, i.e., victims of environmental pollutions, often face various legal hurdles in such litigation, one of which is the difficulty faced by plaintiffs in proving causation between the actions of the defendant and the injuries suffered by the plaintiffs. In response, various court decisions in Taiwan have begun incorporating the idea of epidemiological causation to adjust the burden of proof between plaintiffs and defendants as a potential remedy. This article examines this developing trend. It first introduces the definition, characteristics, and legal hurdles for toxic tort litigation in Taiwan, followed by an overview of the idea of epidemiological causation, as well as a compilation of court decisions adopting such idea of causation. Finally, the article lists several legal issues that the court may potentially encounter for adopting epidemiological causation. In conducting these analyses, the article attempts to expand existing jurisprudential understanding of the idea of epidemiological causation. |