In a landmark decision the First Appellate District Court of Appeals has ruled that a company must stand trial in a case of “second hand” asbestos exposure. The case centers around a man, now in his forties, who was exposed to asbestos as a child when his uncle returned home with the substance on his clothing. When he was just a boy, he used to spend up two weeks at a time at his uncle’s home, and is believed to have been exposed to fatal quantities of the substance at that time.
The decision overturns a decision by a trial court which ruled that the company, Pneumo Abex, owed no duty to the nephew. However, in a ruling delivered by Judge Stuart Pollak, the Appeals Court said that “As a general matter, harm to others resulting from secondary exposure to asbestos dust is not unpredictable,” and that “The harm to third parties that can arise from a lack of precautions to control friable asbestos that may accumulate on employees’ work clothing is generally foreseeable.”
Depending on the outcome, this case could open up a whole new branch of asbestos liability law. Though the company looked limit its liability by claiming that third party asbestos exposure should not be considered, the court rightly found that the company should have known that asbestos can be spread even among those who are not primarily exposed.
If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
