No Liability For Asbestos Exposure -- MesoLink.org -- 11-02-05

A court of appeals has concluded that an employer will not be held responsible for second hand asbestos exposure suffered by a non-employee spouse. The decision was reached after a 6-0 vote, where it was decided that the Port Authority of New York and New Jersey was not responsible for the care of the woman who had suffered health effects after washing her partner’s asbestos contaminated work clothes for several decades.

It is thought that although the decision will come as a relief to both this and other businesses that may have found themselves facing charges for second hand asbestos contamination and exposure, it will also come as a great disappointment to groups that are seeking to find ways to get compensation for victims of asbestos contamination.

The judge at the latest hearing stated that the company had no relationship with the woman, and that it could therefore not be held responsible for injuries that she sustained from her exposure.

It was further revealed that the late husband of the woman, who died from mesothelioma, was provided with a number of overalls and that the company offered a laundering service. However, because the employee sometimes wore the overalls home, his wife washed them for him.