Esposizione ad amianto e danno da pericolo: qualche riflessione dopo la pronuncia della Cour del cassation sul préjudice d'anxiété

On may 11th 2010 the french Cour de Cassation awarded some workers with compensation for the “préjudice d’anxiété”, linked to the fear of contracting in the future an asbestos related disease. The article is dedicated to one of the most discussed aspects of the asbestos problem: that of the rights of asymptomatic workers which have been exposed but have not (yet) evidence of an asbestos related disease. Many people are affected by one of the several asbestos related disease (asbestosis, mesothelioma); many more complain about the fear of contracting such a disease in the future. Their requests are labeled – in the different countries –as “préjudice d’anxiété”, “increased risk”; “emotional distress”; “danno morale”, “danno esistenziale” and so on. Limited resources, and possible conflicts between categories of victims (current and future), create serious dilemmas for legislators, judges and scholars and show the limits of civil liability rules in this particular area of mass torts, suggesting the opportunity of shaping public welfare intervention.