Article Title

Multiple Facets of Damage Caused by Exposure to Low-Dose Radiation and the Legal Remedy

Authors

Yi-Chen Su, National Chung Hsing University
Peter W.S. Chang, Taipei Medical University & Hospitals

First Page

301

Document Type

Article

Rights

Abstract

In addition to the toll in human life, there are at least three facets of damage caused by the protracted exposure to low-dose radiation: bodily injury, mental anguish, and property injury. After examining cases and compensation schemes in the United States and Taiwan, this article concludes that both the Taiwanese administrative compensation scheme and U.S. federal courts' interpretation of the Price-Anderson Act favor finding injury to the claimants' property, but not adverse effects to their health. To redress the injustice caused by the systemic bias, this article argues that the tort system should be adapted to tolerate gray area, such as the adoption of the probability of causation. This article further argues that the probability of causation should be applied in calculating damages in the radiation-exposure context.

Recommended Citation

Yi-Chen Su & Peter W. Chang, Multiple Facets of Damage Caused by Exposure to Low-Dose Radiation and the Legal Remedy, 19 Buff. Envtl. L.J. 301 (2012).
Available at: https://digitalcommons.law.buffalo.edu/belj/vol19/iss2/2