Frequency, Regularity, and Proximity Test for Causation of Asbestos Injury In Illinois – Watts v. 84 Lumber Company

To succeed in an asbestos exposure case, the plaintiff must prove that asbestos attributable to the defendant was a cause of the plaintiff’s injury. Causation in asbestos cases can be complex, with defendants often arguing that the plaintiff cannot prove that he or she was specifically exposed to sufficient asbestos from the defendant to cause the injury.

North Dakota Supreme Court Finds No Duty in Secondary Exposure to Asbestos Case

 

Cases arising from secondary exposure to asbestos involve different issues from those arising from direct exposure. Secondary exposure generally occurs when a person who is exposed to asbestos fibers “takes home” those fibers on his or her clothes, exposing his or her family to the fibers. A significant issue in these “take home” asbestos cases is the lack of a special relationship between the victim and the employer. The employer generally argues that it had no duty of care as to the victim. While some courts have found the existence of a duty, others have not.

Mesothelioma and Asbestos Lawyers

Successful asbestos ligation requires an attorney who understands the many facets of the case, from how people get exposed to asbestos to the state-by-state regulations about filing lawsuits, to the fragile nature of many clients. Often, people who inquire about an asbestos-related claim are people who are also coping with mesothelioma cancer and all the health issues that go along with treatment.