The Supreme Court, the most senior court in the country, handed down a judgment yesterday in the long awaited case of Sienkiewicz -v- Greif UK Ltd deciding in favour of asbestos victims who fell ill from low-level asbestos exposure.
Mrs Enid Costello worked at a factory in Elsmere Port in the 1960’s and 1970’s. She was exposed to small amounts asbestos generated elsewhere in the factory. She developed mesothelioma from which she died in 2006.
Mrs Dianne Willmore was found to have been exposed to asbestos in the 1970’s when she was a student at Bowring School near Liverpool. She died from mesothelioma in 2009.
On Wednesday, 9 March 2011, the Supreme Court found in favour of the families of Mrs Costello and Mrs Willmore confirming awards of damages that had previously been agreed.
What is mesothelioma?
Mesothelioma is a devastating aggressive cancer which usually forms in the lining of the lungs (but can also form in the stomach lining) and is always fatal. Its only known cause is asbestos exposure and there is thought to be no “safe limit” below which there is no risk of developing mesothelioma.
Asbestos does not occur naturally in England. However, it was heavily imported throughout the 20th Century, particularly in the 1960’s and 70’s, where it was used in all manner of building products, particularly as an insulation material due to its heat retention properties. Whilst at the time it was considered a “wonder material”, asbestos has left a devastating legacy. When inhaled, the microscopic dust particles can cause lung diseases resulting in breathlessness and in some tragic cases, death.
Asbestos exposure
There is understood to be a certain level of asbestos exposure in the environment at large, particularly in urban areas. In the Sienkiewicz case, the defendants sought to deny compensation to mesothelioma claimants who, although they were exposed negligently to asbestos, could not prove the negligent exposure had “doubled the risk” of mesothelioma. They said the claimant must prove the amount of negligent exposure was at least the same as the background environmental exposure, if not more, in order to succeed.
Fortunately, the seven law lords found unanimously for the claimant (as had 3 Court of Appeal judges before them) and said that where a claimant can prove the negligent exposure made a “material contribution” to the risk of mesothelioma, the claim will succeed. The ruling of Lord Phillips will be of fundamental importance to mesothelioma victims now and for years to come.
Partner, Daniel Easton, who has several clients affected by the judgment said as follows:
“We are delighted with the ruling and the clarification the court has provided as to low-level exposure cases. These are cases where it has already been proved the defendant acted negligently and exposed the victim to asbestos dust. It is a welcome relief to our clients that the Supreme Court has found that in those circumstances a material exposure to this deadly dust results in a finding of negligence.
Asbestos victims have faced a barrage of legal attacks over the past decade since the House of Lords “Fairchild ruling” in 2002. The fact that seven Law Lords and three Court of Appeal judges found in favour of the claimants begs the question of why defendants are continuing to attack the most vulnerable in our society, rather than dealing with these claims quickly and compensating the people who need it. The legal costs incurred by defendants over the past 10 years fighting asbestos victims dwarfs the amount of compensation paid many times over. It is time the insurance industry took some responsibility for the policies they wrote decades ago”.
Leigh Day: asbestos and mesothelioma lawyers
Leigh Day has a team of specialist mesothelioma claims lawyers who have successfully obtained millions of pounds in compensation for people who have contracted mesothelioma after being exposed to asbestos in the workplace. We only represent claimants and do not act for insurance companies. Daniel Easton, partner and head of the industrial diseases team, has been recognised as a leader in the areas of asbestos compensation claims by both major legal directories. Chambers guide to the legal profession recently described him as being considered ‘outstandingly knowledgeable’ by the Bar, and ‘compassionate’ and ‘responsive’ by clients.
If you would like to talk to one of our lawyers about a possible claim for compensation relating to asbestos, asbestosis, pleural plaques or mesothelioma please contact us on 020 7650 1200 for a free initial consultation.
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