As exposure to asbestos has been recognised as an important health problem, many potential victims of asbestos-related diseases have commenced law suits. This article concentrates on the question of compensation for any alleged mental distress, i.e., damage to the psyche. The question of whether to compensate for this type of damage has long been controversial in the law; claims for the fear of contracting asbestos-related diseases are no exception. The article discusses the patterns which emerge from cases from courts in many countries, in particular a fairly recent (July 1997) decision from the Supreme Court of the United States, which handles the issue in an overly harsh manner. The article concludes that European courts can handle the legal problems which will arise under traditional concepts of tort law. For the Netherlands there is some evidence that such a claim will be considered favourably. Despite the apparent novelty of these claims, there is no need for courts to develop artificial rules of liability to handle them.
European Review of Private Law