The recent judgment No. 27826 of the Court of Cassation, filed on July 12, 2024, has raised important questions regarding the determination of the causal link between asbestos exposure and related illnesses, particularly in the context of worker deaths. The case in question, involving the defendant G. P., has led to a thorough reflection on the necessity of considering not only scientific evidence but also statistical laws when direct causal evidence is not available.
The Court partially annulled the decision of the Court of Appeal of Turin, highlighting the importance of a rigorous analysis of the duration and intensity of asbestos exposure for each case. The reasoning is based on the theory of the accelerator effect of the oncogenic process, which suggests that asbestos may not only cause diseases but also accelerate the onset of pre-existing conditions.
Causal link in the event of worker death resulting from illnesses related to asbestos exposure - Statistical coverage law - Applicability - Conditions - Case. The determination of the causal link between asbestos exposure and worker death can be conducted, in the absence of a universal scientific coverage law, based on a statistical law, provided that the occurrence of the disease effect is verified in a certain percentage of examined cases, according to a logical procedure based on circumstantial evidence that has emerged in the proceedings and is considered collectively in individual hypotheses, suitable for leading to a high rational credibility assessment. (Case relating to the application of the theory of the accelerator effect of the oncogenic process and cumulative dose for prolonged asbestos exposure, in which the Court annulled the contested decision on the grounds of the failure to verify the actual causal inference for each of the victims, of the duration and intensity of asbestos exposure, capable of accelerating the onset and progression of pleural mesothelioma or lung cancer, making effective the omissions included in a certain exposure period).
This judgment represents a crucial step for the protection of the rights of workers exposed to asbestos. It emphasizes that, even in the absence of incontrovertible scientific evidence, it is possible to demonstrate the causal link through logical reasoning and statistical analysis. This approach offers a new perspective for victims of toxic exposures and their families, who often face enormous difficulties in proving employer liability.
Judgment No. 27826 of 2024 invites deep reflection on legal responsibility in cases of asbestos exposure. It establishes that statistical law can provide a valid tool for determining the causal link, paving the way for greater justice for those who have suffered due to unsafe working conditions. Institutions should consider these indications to improve worker protection and ensure that similar cases are addressed with the seriousness and attention they deserve.
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