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Appeals Court Rules that “Second Hand” Asbestos Suit Can Proceed

Asbestos related diseases are caused by exposure to the substance, which lodges itself in an individual’s lungs and overtime causes the lungs to become inflamed and develop cancer. Asbestos is a light, malleable, and breathable substance, and hence can be carried on a person’s clothing, only to be breathed or inhaled by another person at a later time. In recent years businesses have been held responsible for their having used asbestos in common products, but not warning consumers, vendors, and contractors who would come in contact with these products. But companies have resisted efforts which would see them implicated in the illnesses suffered by these individuals’ families as a result of being exposed to those who had been exposed to asbestos.

Recently an Appeals Court ruled that an asbestos related lawsuit, in which a 49 year old truck driver claimed that his exposure to his uncle, who worked with asbestos, caused his own asbestos related cancer, could proceed. The court ruled that, though the company could not be held responsible for the asbestos related illnesses of everyone who came in contact with those who work in asbestos heavy fields, the company could potentially be held responsible for people who live in their homes and “who are likely to be affected by toxic materials brought home on the worker’s clothing,”

This ruling, by the First District Court of Appeal in San Francisco, is yet another indication that the courts are sensitive to the fatal diseases stemming from asbestos.

If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.