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Appeals Court: Primary Family Members Have Standing in “Second Hand” Asbestos Cases

One of the primary reasons that asbestos is so dangerous is that it can be inhaled. The substance has been used for decades in various industrial applications, and has been known to cause deadly respiratory illnesses for practically just as long. The fact that asbestos is primarily dangerous to the lungs and respiratory tract means that anyone who is in a position to accidentally inhale the substance may be at risk of developing asbestos related diseases, such as mesothelioma, down the road. This fundamental fact was the subject of a recent Appeals Court ruling.

Recently an Appeals Court ruled that a 49 year-old truck driver’s lawsuit, against a company which exposed his uncle to asbestos, could proceed. The man used to live with his uncle when he was just a boy, and his uncle would apparently come home with asbestos dust on his clothing. It is believed that this dust was frequently inhaled by the boy, causing asbestos related illness years later. The court ruled that the company which employed uncle could not be held liable for any and every person who may have developed asbestos related illnesses after coming in contact with the uncle, but that members of the uncle’s primary family, including those who lived with him, do have standing.

The court said that those who live in the homes of employees who worked with asbestos,  “who are likely to be affected by toxic materials brought home on the worker’s clothing,” have standing to bring lawsuits after having developed asbestos related illnesses.

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.