The story is sadly familiar: Workers unknowingly were exposed to asbestos while at a mechanic shop or at a shipyard or at an array of other potential places and contracted mesothelioma decades later, ultimately dying from the cancer. And what about those people’s families? They are also at risk. Asbestos got on their loved one’s clothes, in vehicles and on shoes. While giving a hug or while doing laundry, they were easily exposed to the same carcinogens as they would be at a mechanic shop or ship yard in a process known as secondhand or take-home asbestos exposure.
Unfortunately, our legal system excludes asbestos-exposed family members. Although family members contract the same deadly diseases due to an employer’s recklessness, many states do not provide legal remedies. Keep in mind that asbestos-related diseases, such as asbestosis, a breathing disorder caused by lung tissue scarring, lung cancer and mesothelioma, are all completely preventable. Remove asbestos from the equation and the pipefitter father of five children and the pipefitter’s daughter who used to help wash her father’s clothes as a little girl would presumably both be able to live healthy …show more content…
It mostly depends on the state. California is currently the only state that allows suits involving secondhand asbestos exposure. In December 2016, the California Supreme Court ruled to allow lawsuits against employers filed on behalf of family members who have contracted an asbestos-related disease secondhand from a relative. The court found, “Businesses making use of asbestos were well positioned, relative to their workers, to undertake preventive measures, and (the companies) cite no evidence to suggest such measures would have been unreasonably costly….Accordingly, we hold defendants owed the members of their employees’ households a duty of ordinary care to prevent take-home exposure and that this duty extends no further,” according to the
Unfortunately, our legal system excludes asbestos-exposed family members. Although family members contract the same deadly diseases due to an employer’s recklessness, many states do not provide legal remedies. Keep in mind that asbestos-related diseases, such as asbestosis, a breathing disorder caused by lung tissue scarring, lung cancer and mesothelioma, are all completely preventable. Remove asbestos from the equation and the pipefitter father of five children and the pipefitter’s daughter who used to help wash her father’s clothes as a little girl would presumably both be able to live healthy …show more content…
It mostly depends on the state. California is currently the only state that allows suits involving secondhand asbestos exposure. In December 2016, the California Supreme Court ruled to allow lawsuits against employers filed on behalf of family members who have contracted an asbestos-related disease secondhand from a relative. The court found, “Businesses making use of asbestos were well positioned, relative to their workers, to undertake preventive measures, and (the companies) cite no evidence to suggest such measures would have been unreasonably costly….Accordingly, we hold defendants owed the members of their employees’ households a duty of ordinary care to prevent take-home exposure and that this duty extends no further,” according to the