Tort

For the Fairchild exception to apply, (i) the claimant must show that it is inherently impossible, because of the current state of scientific knowledge, for the claimant to prove exactly how his injury was caused; (ii) the defendant’s conduct must have materially increased the risk of injury to the claimant; (iii) the defendant’s conduct must have been capable of causing the claimant’s injury; (iv) the claimant has to show that the injury was caused by the eventuation of the kind of risk created by the defendant’s wrongdoing; and (v) the injury must be caused by the same agency as was involved in the defendant’s wrongdoing.