In the past, contractors on construction projects who used products which were defective were not liable for any damage or injury caused by the product which especially affected asbestos claims. They could be liable if they were negligence but now, a legal decision in California has ruled that in certain circumstances a contractor may be subject to strict liability for the products he uses during the construction process.
The case involves Hernandezcueva v. E.F. Brady Co. whereby E.F. Brady, the defendant was working as a drywall subcontractor on a major construction project back in the 1970s. For the drywall joint compounds, Brady used those which contained asbestos and the plaintiff said he cleaned up the debris which contained the asbestos. However, the jury found for the defendants as there was no strict liability, but at the court of appeal they ruled that even though E.F. Brady was a contractor the company could be subject to strict product liability and that it had played a major role in the contamination of the plaintiff by asbestos.
This ruling will likely mean there will be more defendants in future asbestos cases.
If you have been diagnosed with an asbestos 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.
