Clearing the Air: Ordinary Negligence in Take-Home Asbestos Exposure Litigation

34 Pages Posted: 24 Nov 2011

See all articles by Rebecca Leah Levine

Rebecca Leah Levine

University of Washington - School of Law

Date Written: November 22, 2011

Abstract

Since 2005, take-home asbestos exposure claims have constituted a new wave of asbestos litigation. In contrast to employees exposed to asbestos at a worksite, take-home exposure occurred among those affected by employees who inadvertently carried asbestos home on their clothing or their tools. While some jurisdictions have rejected these claims on the basis that the defendant did not owe a legal duty to the plaintiff, the Washington Court of Appeals recently recognized the potential validity of a household member’s claim for relief for the harm he or she suffered as a result of asbestos exposure. In doing so, the court applied an ordinary negligence test and examined the foreseeability of the harm to the plaintiff as the primary step in determining whether the defendant owed the plaintiff a legal duty. Although the Washington State Supreme Court has no precedent governing take-home asbestos exposure claims specifically, the courts of appeals’ reasoning comports with Washington negligence law. Accordingly, Washington courts should apply this ordinary negligence test in future take-home asbestos exposure cases.

Suggested Citation

Levine, Rebecca Leah, Clearing the Air: Ordinary Negligence in Take-Home Asbestos Exposure Litigation (November 22, 2011). Washington Law Review, Vol. 86, No. 2, 2011, Available at SSRN: https://ssrn.com/abstract=1963409

Rebecca Leah Levine (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

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