Let's Get Physical: Civil Liability and the Perception of Risk

The article aims to explore the place of perceptions of riskwithin the law of tort. It examines both property-related, ‘stigmadamages’ cases and also personal injury-related ‘fearof disease’ cases. A finding of some form of physicaldamage or injury seems to be required by the courts in orderto establish liability in both instances. Having explored thecontentious issue of the precise contours of such damage orinjury, the article concludes with a suggestion for a quantifiability-basedapproach to establishing liability in the area.