Asbestos victims are set to lose out significantly following a decision of the House of Lords. In a ruling given last year, the House of Lords upheld three test appeals in which it was argued that damages should be limited in cases involving several former employers,none of whom could be specifically blamed for the onset of the asbestos related disease,mesothelioma.
Previously, the House of Lords ruled that an employer who had negligently exposed a worker to asbestos could be held 100% liable, even if the employee had worked for several companies and it could not be proved which of them had caused the illness. TheLaw Lords have now ruled however that that an employer’s liability should be limited on a percentage basis to reflect the extent to which it contributed to an employee’s exposure to asbestos.
This important change in the law has far reaching implications. Mesothelioma currently kills around 2,000 people annually in the UK, with the numbers rising each year (and expected to peak sometime between 2011 and 2015).
Mesothelioma is a form of cancer that attacks the lining of the lungs. The only known cause of the disease is exposure to asbestos and it can be caused by a single asbestos fibre. In most cases it is caused by negligent exposure to asbestos dust at work. Many sufferers have had contact with asbestos in more than one job.
There is a delay between the harmful exposure to asbestos and the development ofmesothelioma. This delay can be 15 years or more. Because of this, employers have often gone out of business by the time that a compensation claim is pursued. There are often huge difficulties in tracing the insurers for such companies.
As the House of Lords represents the highest appeal court in England and Wales, the decision cannot be appealed. Trade unions and asbestos victim support groups are however campaigning for parliament to introduce legislation to address the problem.
Judith Cole, comercrawley solicitors, Chancery House, Victoria Road, Diss IP22 4HZ Tel: 01379 644311
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