Source: All England Reporter
Publisher Citation: [2008] All ER (D) 57 (Aug)
Neutral Citation: [2008] EWHC 1708 (QB)
Court: Queen's Bench Division, Manchester District Registry
Judge:

Swift J
Representation Peter Cowan (instructed by Thompsons) for the claimant.
  William Evans (instructed by Vizards Wyeth) for the defendants.
Judgment Dates: 6 August 2008

Catchwords

Negligence - Causation - Breach of duty causing or contributing to damage - Deceased dying from mesothelioma - Claimant widow seeking compensation from past employer for negligence and/or breach of duty in exposing deceased to asbestos dust during course of employment - Whether defendant liable to pay damages.

The Case

Negligence Causation. On the evidence, it was clear that the deceased, in the course of his employment with the defendant, had had fairly regular exposure to asbestos. Moreover, the exposure had been sufficient to contribute to the risk of the deceased developing mesothelioma. It had not been trivial or occasional and had occurred over a period of years. Had the defendant taken proper advice about the nature and extent of those risks he should have been informed that there was no safe limit for exposure to asbestos and that the only prudent course was to have taken steps to eliminate, or at least minimise, the exposure of his employees to asbestos dust. In failing to have taken such precautions, the defendant had been negligent.

Practice Areas

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