Court decision gives employers defence in asbestos injury claims
Employers dealing with claims for asbestos-related injuries will be aware that cases usually involve secondary exposure; in other words where an individual has not worked directly with asbestos, but close to where asbestos has been disturbed. Disputes often arise as to whether the exposure was sufficient to have caused the claimant’s medical condition.
In Bannister v Freeman a claim was brought on behalf of Mr Bannister’s estate after he had died of mesothelioma. Mr Bannister had worked as an account’s manager in a large four-storey Victorian building. The exposure to asbestos dust was alleged to have occurred over the course of a week after partitions allegedly containing asbestos were replaced during a weekend in about 1983/4.
Appoint fully qualified, accredited & insured consultants”
Following the case of Fairchild v Glenhaven Funeral Services Ltd (2002) it would only be necessary to prove that any negligent exposure brought about a “material increase in risk” of the claimant developing mesothelioma for the deceased to succeed in proving a causative link to find in favour of the claimant.
In Bannister the judge did not accept the claimant had been exposed to asbestos and reached the conclusion that, had the boards contained asbestos, a specialist firm would have been called in to carry out their removal.
However, the judge also considered what the exposure would have been had partition boards contained asbestos and exposure taken place. The judge took the mid-point between the parties’ respective engineering experts and determined that the exposure dose of asbestos was no more than 0.0004 fibre/ml years, which was also quantified as a 1 in 50million increase in risk.
Both medical experts agreed that on seeing a patient with this level of exposure they would tell the patient not to worry about an increase in risk.
The judge added that the deceased’s expert was straining logic to regard this figure of 1 in 50million as a “material increase in risk”. The judge dismissed the claim, taking the view that the test of whether exposure was “material” would be such that “a medical practitioner who is aware of the medical risks would define it as something that the average patient should not worry about”.
This may be viewed as helpful guidance as to what is meant by a “material increase in risk” and may lead to more low-level asbestos cases being defended by employers.
Richard Johnson is a specialist in industrial diseases and asbestos related illnesses at law firm Browne Jacobson. He can be contacted on 0330 045 2804 or by emailing email@example.comRead the full story here
Most Searched for:asbestos air sampling kit | asbestos air testing cost | asbestos air testing kit | asbestos air testing kit uk | asbestos air testing near me | asbestos air testing uk | asbestos cleaning | asbestos collection london | asbestos companies in yorkshire | asbestos courses near me | asbestos health testing | asbestos home test | asbestos inspection cost | asbestos protection | asbestos removal companies uk | asbestos removal contractors london | asbestos removal courses | asbestos repairs | asbestos report | asbestos sealing | asbestos shed removal | asbestos sheet removal | asbestos signs | asbestos test cost | asbestos test kits uk | asbestos test near me | asbestos test price | asbestos test uk | asbestos testing near me | asbestos testing price | asbestos testing procedure | asbestos testing residential | asbestos training courses near me | cheap asbestos awareness training online | cheap asbestos testing | checking for asbestos in your home | clearing asbestos | fire and asbestos risk assessment | free asbestos awareness course | free asbestos check | free asbestos test | free asbestos testing kit | free online asbestos training | local asbestos testing | online asbestos awareness course | online asbestos training courses | protection from asbestos | refurbishment and demolition asbestos survey cost | test for asbestos uk | test kit for asbestos |
Asbestos Surveying:asbestos awareness | asbestos check | asbestos check cost | asbestos house survey | asbestos management survey cost | asbestos suit | asbestos survey cost | asbestos survey costs | asbestos survey price | asbestos survey quote | asbestos surveyor near me | asbestos surveys near me | home asbestos survey | residential asbestos survey | 2 types of asbestos survey | asbestos assessment report | asbestos building survey | asbestos demolition survey | asbestos disposal | asbestos disturbed in my home | asbestos management survey | asbestos management surveys | asbestos monitoring | asbestos process | asbestos survey cambridge | asbestos survey cost london | asbestos survey cumbria | asbestos survey huddersfield | asbestos survey hull | asbestos survey liverpool | asbestos survey london | asbestos survey london cost | asbestos survey luton | asbestos survey newcastle | asbestos survey northampton | asbestos survey nottingham | asbestos survey preston | asbestos survey report | asbestos survey requirement | asbestos survey requirements | asbestos survey requirements residential property | asbestos survey types | asbestos survey uk | asbestos surveying course | asbestos surveys london | asbestos surveys types | asbestos surveys uk | demolition asbestos survey | domestic asbestos survey | free asbestos survey | intrusive asbestos survey | r and d asbestos survey | report asbestos in the workplace | type 1 asbestos survey | type 2 asbestos survey | type 3 asbestos survey | type of asbestos surveys | ukas accredited asbestos surveyors |
Asbestos Removals:airborne asbestos testing | all asbestos removal services | approved asbestos removal contractors | asbestos removal | asbestos removal and testing | asbestos removal bedfordshire | asbestos removal firms | asbestos removal homeowner | asbestos removal information | asbestos removal plan | asbestos removal wakefield | asbestos removalist | asbestos roofing removal | asbestos tape removal | asbestos waste removal | best asbestos removal company | cleaning after asbestos removal | getting asbestos removed | removal asbestos | removal of asbestos roof | after asbestos removal | air quality test after asbestos removal | amosite asbestos removal | artex asbestos removal | asbestos ceiling removal | asbestos ceiling removal cost | asbestos cement removal | asbestos cost removal | asbestos floor tile removal | asbestos floor tiles removal | asbestos insulation removal | asbestos pipe removal | asbestos popcorn ceiling removal | asbestos removal accreditation | asbestos removal agencies | asbestos removal and disposal | asbestos removal certificate | asbestos removal companies | asbestos removal company | asbestos removal contractor | asbestos removal leicester | asbestos removal leicestershire | asbestos removal northampton | asbestos removal northamptonshire | asbestos removal oxford | asbestos removal precautions | asbestos removal procedure | asbestos removal procedures | asbestos removal process | asbestos removal quote london | asbestos removal reading | asbestos removal register | asbestos removal regulations | asbestos removal residential | asbestos removal risk assessment | asbestos removal safety | asbestos removal service | asbestos removal somerset | asbestos removal specialist | asbestos removal specialists | asbestos removal sussex | asbestos removal training | asbestos removal training course | asbestos removal uk | asbestos removal watford | asbestos removal west london | asbestos removal work | asbestos removal york | asbestos removals london | asbestos survey and removal | asbestos tile removal | certified asbestos removal | chrysotile asbestos removal | cleaning house after asbestos removal | council asbestos removal | demolition and asbestos removal | demolition asbestos removal | domestic asbestos removal | leeds asbestos removal | licenced asbestos removal | license for asbestos removal | licensed asbestos | licensed asbestos removal | licensed asbestos removal companies | newcastle asbestos removal | non licensed asbestos removal | removing asbestos from your home | training for asbestos removal | white asbestos removal |
Asbestos Consultancy:asbestos awareness certificate company | asbestos awareness certificate online free | asbestos awareness course | asbestos awareness course free | asbestos awareness course london | asbestos awareness courses | asbestos awareness online course | asbestos awareness online free | asbestos awareness training provides you with the knowledge to | asbestos check london | asbestos clean up companies | asbestos in paint uk | asbestos paint | asbestos panels | asbestos re inspection survey | asbestos removal manchester | asbestos removal near me | asbestos removal oxfordshire | asbestos report cost | asbestos report london | asbestos report uk | asbestos sample testing near me | asbestos sheeting | asbestos specialists london | asbestos ukata online | painting asbestos | testing for asbestos uk | ukata asbestos course | asbestos abatement report | asbestos abatement service | asbestos and the law | asbestos cement disposal | asbestos certificate | asbestos clean air certificate | asbestos clean up | asbestos clearance and disposal services limited | asbestos companies | asbestos contact | asbestos containment | asbestos disposal northampton | asbestos encapsulation contractors | asbestos management course | asbestos management training | asbestos online course | asbestos online training | asbestos r&d survey | asbestos removal essex | asbestos removal method statement | asbestos report requirements | asbestos type 2 survey | asbestos ukata | asbestos waste collection | asbestos waste disposal | asbestos waste management | asbestos what year | asbestosis compensation uk | assist asbestos removal | encapsulation of asbestos | non licensed asbestos training | reporting asbestos in the workplace | ukata asbestos awareness | ukata asbestos awareness course | ukata asbestos awareness online | ukata asbestos awareness online course | ukata asbestos awareness training | working with asbestos training |
Bulk Sampling and Lab Testing:accredited asbestos testing labs | airborne asbestos test kit | artex asbestos test | asbestos testing | asbestos and lead testing | asbestos material testing | asbestos sample kit | asbestos sample testing cost | asbestos sample testing laboratory | asbestos sampling kit uk | asbestos test | asbestos testing costs | asbestos testing kit near me | asbestos testing kit uk | ceiling asbestos testing | domestic asbestos testing | getting asbestos tested | home test kit for asbestos | independent asbestos testing | instant asbestos test | lead and asbestos testing | professional asbestos testing | residential asbestos testing | self test asbestos kit | test asbestos | test asbestos at home | air test asbestos | air testing after asbestos removal | air testing for asbestos | asbestos air testing | asbestos dust testing | asbestos lab | asbestos lab test | asbestos lab testing | asbestos reassurance air monitoring | asbestos reassurance air test | asbestos sample test | asbestos sample testing uk | asbestos sampling | asbestos sampling near me | asbestos test london | asbestos testing and removal | asbestos testing birmingham | asbestos testing companies | asbestos testing companies near me | asbestos testing company | asbestos testing cost uk | asbestos testing edinburgh | asbestos testing glasgow | asbestos testing lab | asbestos testing labs near me | asbestos testing leeds | asbestos testing london | asbestos testing newcastle | asbestos testing northampton | asbestos testing requirements | asbestos tile testing | chemical test for asbestos | same day asbestos testing | test asbestos in air | vermiculite asbestos testing