Arizona Supreme Court will review take-home asbestos exposure case

22 Mar 2017 by under Legal

OznEpzk5 100x100 Arizona Supreme Court will review take home asbestos exposure caseThe Supreme Court is set to hear oral arguments next month in a take-home exposure case, according to Legal Newsline.

The plaintiffs, Ernest V. and Mary Quiroz, allege Ernest’s father was exposed to asbestos at work and brought asbestos fibers home on his clothing, which exposed his family to the carcinogen as well. Health risks occur when asbestos fibers become airborne and are either inhaled or ingested. Ernest contracted mesothelioma, an asbestos-related cancer affecting the lining of the lungs, heart or abdomen, and died in 2014. 

The lower court originally granted summary judgement to the defendant, industrial corporation Alcoa, but the plaintiffs appealed the decision to the state Supreme Court.

Plaintiffs’ attorney Mark Behrens told the news source, “Most of these exposures occurred before OSHA began to institute workplace safety regulations in the early 1970s. Whether liability may be imposed, however, depends on the tort law in the state.” Behrens said he expects the Arizona Supreme Court to uphold the lower court’s ruling because the state’s law determines legal duties based on the relationship between the plaintiff and premises owner, and states where that is the case generally hold that an employer/premises owner owes no duty of care in take-home exposure cases.

Take-home asbestos exposure is in the national limelight after the California Supreme Court ruled in December 2016, as MyMeso previously reported, to allow lawsuits against employers in take-home cases where the person who contracted an asbestos-related disease secondhand is a relative of the employee.

 

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