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January 27, 2007

Foreseeability of Second-Hand Asbestos Exposure in Dispute

An Illinois man has brought suit against approximately 134 defendants alleging that he was exposed to the asbestos brought home in the 1950s and 60s on his father's work clothes.  The key  issue in the case is whether the father's employer had a duty to protect the defendant from asbestos exposure outside the employer's workplace.  Whether the employer owes a duty to protect persons outside the workplace from asbestos exposure is an issue that has been previously decided in other jurisdictions.  The New Jersey Supreme Court decided that such a duty did extend to a wife who washed her employee-husband's work clothes.  In a factually similar case, the New York Court of Appeals decided that there was no such duty.  Appellate courts in Georgia and Louisiana have found such a duty in recent cases.  The outcome in the Illinois case, Yanchick v. Rapid American Corp., is therefore uncertain.  See Jesse Ammerman's article for LegalNewsline.com.

JDP

January 27, 2007 | Permalink

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