Court ruling on "low level" asbestos exposure claim
Personal injury solicitor, John Hasson, looks at what this means for people claiming compensation for asbestos related illness and asbestos exposure claims
All 7 judges in the linked Supreme Court cases of Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) LTD and Knowsley MBC v Willmore ruled that there was no minimum level of exposure to asbestos below which no liability would attach to the Defendants.
Mrs Willmore was exposed to asbestos whilst she was a school pupil whereas Mrs Costello was exposed to asbestos during the course of her employment. Both women were exposed to relatively low levels of asbestos dust yet both went on to develop mesothelioma which is an asbestos related disease. Sadly both women died as a result of their exposure to asbestos and claims for compensation were made.
When this matter first went before the Court, judgement was given in favour of the 2 women and it was ordered that compensation was payable. However the Defendants appealed. The Court of Appeal upheld the original decision and as a result the Defendants appealed again, to the Supreme Court.
The Defendants’ solicitors argued that the Defendants could only be held liable to pay compensation for asbestos related illnesses if it could be shown that the exposure to asbestos had at least doubled the risk of contracting such am illness.
The Court rejected this argument stating that there was no minimum exposure threshold. The only way liability could possibly be avoided was if the Defendant could show that they had taken all reasonable steps to remove the risk. As part of the judgement Lord Brown stated “mesothelioma claims must now be considered from the Defendants standpoint, a lost cause.”
The ruling is good news for claimants and their solicitors who are seeking compensation for asbestos related illness.
If you have been exposed to asbestos and diagnosed with an asbestos related illness then please contact specialist solicitor John Hasson on FREEPHONE 0808 155 6389 to discuss the possibility of making a compensation claim.
Call us now on 0808 139 1590
Or email us at lee.dawkins@sleeblackwell.co.uk
