Increased risk claims seek damages for the enhanced probability of developing disease following exposure, without present manifestation. Most jurisdictions require present physical injury before allowing recovery for increased risk.
Some permit recovery only where the risk exceeds a probability threshold.
Alternative Names:
Enhanced Risk Claim, Risk of Future Disease
Why it Matters?
The present injury requirement is what most often defeats these claims, since exposure alone without manifest disease is not injury in most jurisdictions. That drives claimants toward medical monitoring, which some states permit without present injury on the theory that surveillance cost is itself a present economic loss. The distinction determines whether an exposed but healthy population has any viable claim.
Frequently Confused with
Related terms
Frequently asked questions
Is exposure alone an injury?
What is the alternative?
