182 tort liability under uncertainty 38 for a more detailed explanation see discussion below 186 7 39 see above 150 8 doctors he none the less decided not to seek that determination . 182 tort liability under uncertainty probability of the allegation that the manufacturer actually inflicted that injury38 this approach however would not necessarily optimize deterrence with regard to both direct and evidential damage as demonstrated in chapter v free riding and collective action problems may sometimes prevent manufac turers from efficiently reducing direct damages such . Tort liability under uncertainty ariel porat and alex stein abstract uncertainty is present in virtually every tort litigation generally courts tackle the uncertainty problem by requiring the plaintiff to prove his case by the preponderance of the evidence however on numerous occasions tort plaintiffs encounter systematic difficulties in establishing their allegations against defendants . Tort liability under uncertainty ariel porat and alex stein tort liability under uncertainty oxford university press december 2001 posted 20 mar 2002 see all articles by alex stein alex stein israel supreme court ariel porat tel aviv university university of chicago law school abstract uncertainty is present in virtually every tort litigation generally courts tackle the . Uncertainty is present in nearly every tort litigation this book confronts the issue at both doctrinal and policy levels it presents and critically examines the existing doctrinal solutions of the problem and offers a number of original solutions to the problem such as imposition of collective liability and liability for evidential damage