The New York Times recently had an article dicuss the risk of cell phones potentially causing brain cancer. The article is lengthy, focusing on the strengths and weaknesses of the argument. In the U.S., to prove a products liabilty case, the plaintiff (injured party) has the burden of showing by a preponderance of the evidence that the use of the cell phone (alone, and not alternative lifestyle choices) proximately and actually caused the brain cancer. “But for” the cell phone, the injured party would not have brain cancer. Medical causation is a challenge to prove in a courtroom. The rules of evidence apply, strictly filtering out arguably unverifiable science/evidence. Leaving the plaintiff with the challenge of a “battle of the experts” to determine what is and is not the “truth” when it comes consumers, cell phones and their health.
