Journal article
Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence
Journal of Law and Medicine, Vol.27(2), pp.387-398
2019
Abstract
In this article we consider whether sugar-sweetened beverages (SSBs) (factually) cause type 2 diabetes for the purposes of negligence. In so doing we demonstrate how factual causation is confounded by other contributing factors such as genetics, lack of physical activity and other diet behaviours (eg low-fibre and high-fat diets). That said, a plaintiff is not necessarily deprived of the opportunity to prove causation merely because there are multiple contributing factors to the harm. While difficult, it is possible for type 2 diabetes to be categorised as an "exceptional circumstance", in which it must be shown that SSBs "materially contributed" to or were a "necessary element" of, the development of type 2 diabetes.
Details
- Title
- Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence
- Authors
- Zac Smithers (Author) - Maurice BlackburnJay Sanderson (Author) - University of the Sunshine Coast - School of Law and Criminology
- Publication details
- Journal of Law and Medicine, Vol.27(2), pp.387-398
- Publisher
- Lawbook Co.
- Date published
- 2019
- ISSN
- 1320-159X
- Organisation Unit
- University of the Sunshine Coast, Queensland; School of Law and Society; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99450970902621
- Output Type
- Journal article
Metrics
33 Record Views