Asbestos is a killer, typically in the form of mesothelioma, but it may not present as an illness for many years, even decades after exposure. That can make it incredibly difficult, or even impossible to take action against an employer who allowed unprotected exposure to asbestos to occur all those years ago. However, a recent ruling has given hope to current and future mesothelioma sufferers.
David Bavaird died of asbestos-related lung disease back in 2008. His exposure was traced back to his employer East Kilbride Development Corporation. The company was wound up 17 years ago and the liabilities assumed by South Lanarkshire Council, but the council claimed it was not liable for Bavaird's ilnness because he wasn't ill back in 1996 when the council took on the company liabilities.
Such a claim formed a black hole for asbestos-related illness claims, but the court has rejected the council's view and holds them liable. In so doing, it sets a precedent and hopefully means other companies and organizations cannot slip through the net in future when claims are made by the individuals suffering with mesothelioma.
Source: BBC News
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