The California Supreme Court is currently considering two rulings on whether companies should be held liable for asbestos related injuries to people whose exposure to the substance was secondhand.
The court is considering whether owners of premises and manufacturers of products containing asbestos are liable for secondary exposure to asbestos. For example in the situation whether a wife who contracts asbestos related diseases through washing her husband’s clothes where the dust is present has a valid claim against his previous employers.
The other area they are considering is whether a manufacturer has a duty of care to the person who contracts an asbestos related injury due to handling or working with their product but at their employer’s premises. For example if someone was installing brake linings with asbestos, who is liable, the mechanic who employs them or the manufacturer of the linings?
Premises owners usually say that they simply had asbestos in their facility and did not have the kind of expertise about the products that manufacturers do. But plaintiffs argue that premises owners should be held liable for secondary exposures because it is they who are in control of how workers on their premises might be exposed to the asbestos.
The rest of the country is anxiously awaiting the outcome of the ruling given the size of the state of California and the influence of its Supreme Court.
If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
