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Toxic Torts and Emotional Distress: The Case for an Independent Cause of Action for Fear of Future Harm

Abstract

Traditional tort law generally does not recognize a cause of action for the negligent infliction of emotional distress absent a physical injury, impact, or manifestation. However, toxic exposure cases present unique and compelling arguments in favor of the abolition of the physical injury rule. This Note questions the legitimacy of the arguments commonly offered in support of the physical injury rule and presents an independent cause of action for fear of future harm in toxic exposure cases.

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40 Ariz. L. Rev. 681 (1998)

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