High Court ruling on Asbestos claims
1,800 people die each year of mesothelioma and the number of deaths continue to rise.
The High Court has ruled that where employers are liable (on the basis that they had negligently exposed an employee to asbestos and therefore created a material risk of mesothelioma, which then occurred), each employer should only be liable to the extent of their share of the risk created by their breach of duty. * Barker v Corus (UK) Plc (2006) and others.
Previously, if a worker contracted mesothelioma, even if it may have resulted from any one of a number of employers, that employee could sue any one of them, notwithstanding that he could not prove which exposure had caused the disease. Fairchild v Glenhaven Funeral Services (2002).
The present situation will be that each liable employer will have to share the damages payment in accordance with their percentage contribution of harm (on the basis of the number of years of exposure during their employ).
The cases considered by The House of Lords will now be referred back to the Courts for a reassessment of the damages, by reference to the proportion of the risk attributable to the breaches of duty by each employer.
Damages can still be successfully pursued for mesothelioma, even if there is more than one potentially liable employer, but there may be difficulties where a previous employer cannot be identified/ traced or is no longer trading.
Please contact Angelina Rigby of Metcalfes Solicitors, 46-48 Queen Square, Bristol, BS1 4LY on Tel: 0117 9290451 or email arigby@metcalfes.co.uk if you or your family may be affected by this ruling.
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