Case Study- Exposure to Asbestos

A - v - Norris Warming Limited and Z D Berry & Sons Limited

Stephen Green, Fosters' Head of Personal Injury has recently settled a claim on behalf of the widow of a man who passed away aged 79 as a result of exposure to asbestos in the mid 1960's.

Our client worked as a plumber for two defendants alongside laggers who were employed to insulate pipework by mixing asbestos powder with water. During the process asbestos escaped into the air. The work was carried out in confined spaces with poor or little ventilation.

He was never advised of the risk of inhaling asbestos despite the known risks nor was he provided with any protective breathing apparatus or clothing.

The defendants maintained the claim was brought outside the usual 3-year time limit for pursuing a claim for damages but, at trial the judge exercised his discretion under the Limitation Act to allow the claim to proceed ultimately finding in favour of the claimant, a decision which was then upheld by the High Court when the defendant appealed.

Following their defeat in both courts the defendants indicated they wished to settle the claim and following further negotiations a six-figure offer was accepted by the claimant.

A word from our client:

"I just wanted to say a big thank you. As you can imagine I was so pleased, not only for me, but for you, as you have worked so hard on this case, which I know hasn't been an easy one."

Stephen Green

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