Suppose Curtis James Jackson is exposed to a highly radioactive substance but has not yet sustained any form of harm or injury. This means that there is no accrued (or past) patrimonial or non-patrimonial harm. However, Dr Dre believes that there is a 70% possibility that Curtis will show symptoms of radioactive poisoning (i.e., radiation sickness) within the next six months. Dr Shady argues that there is only a 30% chance that Curtis will display symptoms related to radiation sickness within the next six months.

2.1. Can Curtis bring a claim for damages based on prospective loss alone (seeing as there is no accrued/past damage)? Explain your answer with reference to relevant case law.