Mesothelioma – environmental risk of asbestos

How much asbestos exposure to prove mesothelioma compensation case?

Mesothelioma is a cancer caused by asbestos. Unlike most asbestos related conditions such as pleural plaque, diffuse pleural plaque, and asbestosis, the cancer called mesothelioma can be caused without a good deal of exposure to asbestos. There is often a period of many years between exposure to asbestos and the diagnosis of mesothelioma. The law has wrestled with the proper principles to apply in such cases. A level of pragmatism has been applied as it is not always possible to look back 30 or 40 years and identify where the exposure to asbestos occurred, and the extent of that asbestos exposure. Continue reading “Mesothelioma – environmental risk of asbestos”

More confusion for asbestos victims

Who should pay for asbestos injury?

Many headlines and reports were written about an asbestos decision made in The Court of Appeal on 8 October 2010.

The case was called the employers’ liability “trigger litigation.”

The issue was whether an insurance company should pay compensation for the employer found liable for the injury based on the time the injured person was exposed to asbestos, or the date when the injury starts to become apparent, for example when a tumour actually starts to develop. That is a very important question for the insurer, and very important for those injured by exposure to asbestos. Continue reading “More confusion for asbestos victims”