Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

In order to recognize a claim for fear of contracting a future illness, courts have required actual exposure to a harmful agent. See Potter v. Firestone Tire & Rubber Co., 6 Cal. 4th 965, 863 P.2d 795, 25 Cal. Rptr. 2d 550 (1993) (a plaintiff must show actual exposure to a toxic substance and that it is more likely than not cancer will develop); Urman v. South Boston Savings Bank, 424 Mass. 165, 674 N.E.2d 1078 (1997) (without evidence of actual exposure to trichloroethylene, summary judgment against plaintiffs was proper); Leaf River Forest Products v. Ferguson, 662 So. 2d 648 (Miss. 1995) (without evidence of actual exposure to dioxin, plaintiffs failed to prove their claim); see also Simmons v. Pacor, Inc., 543 Pa. 664, 674 A.2d 232 (1996) (although plaintiffs demonstrated actual exposure to asbestos, they did not demonstrate an accompanying physical injury).

An actual-exposure requirement prevents an individual from recovering damages for fear of contracting a disease when that fear is based on a lack of information or inaccurate information regarding its transmission. See Brzoska, 668 A.2d at 1363; K.A.C., 527 N.W.2d at 559-60; Williamson, 150 N.J. at 244, 696 A.2d at ...

Register or login to access full content