Families Of Asbestos Victims Win Legal Battle

A landmark ruling this week in the Supreme Court decided that insurance liability for asbestos cases would be ‘triggered’ when employees are first exposed to asbestos dust rather than when the symptoms of mesothelioma become apparent, which is often many years later.

The issue of when liability is triggered has been looked at by the Courts several times since 2008 when the High Court ruled that liability would be established when a worker first inhaled the asbestos fibres. That ruling was later overturned by the Court of Appeal who said that in some cases liability would not start until the symptoms developed. This can often be decades after first exposure.

The latest decision of the Supreme Court has been welcomed by families who were left confused and uncertain by the Court of Appeal ruling. The Supreme Court has now made it clear as to when an insurers liability would be triggered.

Lord Clarke, one of the Judges making the ruling, said; "The negligent exposure of an employee to asbestos during the policy (insurance) period has a sufficient causal link with (the) subsequently arising mesothelioma to trigger the insurer's obligation."

If you have suffered or have been diagnosed with any type of industrial disease either at work or elsewhere our Personal Injury Department can help you pursue a claim. Contact Stephen Green on 01603 723738 (freephone 0800 214 072) or by e-mail to sgreen@fosters-solicitors.co.uk

For more information please go to the Personal Injury page.