The Los Angeles Times recently featured a story about a decision in the California Supreme Court concerning whether employers can be held responsible if a worker accidentally brings home asbestos from a job site and exposes members of his or her household to it. When this occurs, it is known as secondhand asbestos exposure.
Can Employers Be Held Liable for Secondhand Asbestos Exposure?
According to the report in the Los Angeles Times, the California Supreme Court ruling was the result of two secondhand asbestos exposure lawsuits.
In one of the lawsuits, the children of woman who died of mesothelioma in April 2009 filed a claim against her husband’s former employer. The suit alleges their mother’s former husband was exposed to asbestos at work, which led to their mother suffering secondhand asbestos exposure from his work clothes when he came home. Mesothelioma is a form of cancer that has been closely tied to asbestos exposure.
The other lawsuit involved a man who died of mesothelioma in 2014. As a child, the man would stay at his uncle’s home three nights a week. At the time, his uncle worked at a brake manufacturing plant where he was exposed to asbestos. When he would come home, he would still be wearing his work clothes around his nephew.
This California Supreme Court ruling was significant in large part because it ended a legal bar regarding people who suffer asbestos exposure outside a workplace from filing claims against employers. Now, family members, such as children, wives and husbands, can hold companies accountable for needlessly exposing them to asbestos.
Do you think families and others should be allowed to sue employers for secondhand asbestos exposure? Share this post on Twitter, Facebook or Google+ and tell us what you think about this issue.
The information provided by Walton Telken Foster, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.