Radiation risk in the context of liability for injury.
It is perceived by the man in the street that low-level radiation from a nuclear facility is more dangerous than that from other practices. The radiation protection system, in particular the ALARA principle, leads to concerns that even the smallest exposure to radiation is abnormal and dangerous. Public perception of the radiation risk leads to fear in the minds of the public. A consequence of this fear itself may be damage to health in the form of psychological damage or nervous shock. The paper draws attention to the liability for damages by radiation, in particular under the common law of the UK and US, and how liability, determined by the court, is not necessarily influenced by scientific rationality. A natural conclusion may be that a claimant suffering injury of the type caused by radiation and who had been exposed to radiation, no matter how small a dose, that could be shown to come from a nuclear installation would be awarded damages against the licensee of the site of the installation unless it could be shown that the injury was predominantly caused by another source (radioactive or otherwise).
De Montfort Law School, Leicester, UK. peterjriley@ntlworld.com
Peter
P
Riley
D001294:Attitude to Health; D035881:Compensation and Redress / Q000331:legislation & jurisprudence; D005239:Fear / Q000523:psychology; D006801:Humans; D016365:Liability, Legal; D011210:Power Plants; D011829:Radiation Dosage; D011832:Radiation Injuries / Q000191:economics / Q000523:psychology*; D018788:Radioactive Hazard Release / Q000191:economics / Q000331:legislation & jurisprudence* / Q000523:psychology*; D006113:United Kingdom; D014481:United States