Eric Shackle Writes: Good Newa For Asbestosis Sufferers
Eric Shackle announces good news for people who have contracted asbestosis, and brings a tip for the thousands who are getting rid of asbestos in their homes, or have contact in any way with this highly toxic material,''
In England, David Chandler, who was exposed to asbestos when working for Cape Building Products Ltd, was awarded £120,000 against its parent company, Cape Building Products Ltd, manufacturer of incombustible asbestos board - Asbestolux - at its factory where he had worked between 1959 and 1962.
In 2007, Mr Chandler discovered he'd contracted asbestosis as a result of this exposure to asbestos. There was no doubt, on the evidence, that the company had been negligent and in breach of its statutory duty when exposing him to the asbestos.
However, Cape Building Products Ltd no longer exists, and there was no insurance
The court determined that Cape Plc had actual knowledge of Mr Chandler's working conditions and so the risk of his suffering asbestos disease was foreseeable. Further, it had employed scientific and medical officers who were responsible for the health and safety issues, not only of its own employees, but also those of its subsidiary companies to ensure they were not exposed to harm.
“This case will be welcomed news for claimants,” commented an English law firm.
“Asbestos-related illness can take many years to present, sometimes as many as 40 to 50, meaning it can be difficult to find the company for which someone worked, as the company may have gone out of business or changed its name.
That is one of the reasons why specialist legal advice is necessary from solicitors experienced in tracing companies and their insurers.
“The case of Mr Chandler confirms a further opportunity to claim by pursuing the parent company where the three-part test is satisfied, creating greater access to justice to those affected by asbestos-related disease, which is often debilitating and can be terminal.”
Read more:
http://www.access-legal.co.uk/legal-news/asbestos-parent-company-lu-3545.htm#ixzz2XBnH85gi
http://www.nhmrc.gov.au/your-health/asbestos-related-diseases
