Asbestos Exposure: Employer's Liability for Third-Party Transmission to Family Members

Asbestos is a naturally occurring mineral that was commonly used in building materials, insulation, and other products until its dangers were discovered. The inhalation of asbestos fibers can lead to various serious health issues, including lung cancer and mesothelioma. In response, governments around the world have passed laws and regulations aimed at protecting workers from exposure to asbestos. These laws place a duty on employers to provide a safe working environment and take steps to prevent the spread of asbestos fibers.

Employers have a legal duty to provide a safe working environment for their employees, including protecting them from exposure to asbestos. This duty arises from common law principles and is reinforced by various statutes and regulations at the federal and state levels. In general, employers are required to:

• Identify and assess the risk of asbestos exposure in the workplace
• Develop and implement a plan to control and manage the risk
• Provide appropriate training and information to employees
• Monitor the effectiveness of the control measures and review and revise the plan as necessary.

Several cases in the United States have addressed the issue of third-party transmission of asbestos to family members. In general, courts have held that employers have a duty to take reasonable steps to prevent such transmission and may be held liable for damages if they fail to do so.

In the case of Olivo v. Owens-Illinois, Inc., the plaintiff was the wife of a former employee of the defendant, who had worked with asbestos-containing materials for many years. The plaintiff alleged that she had contracted mesothelioma due to exposure to asbestos fibers that her husband had carried home on his clothing. The court held that the defendant had a duty to take reasonable steps to prevent the transmission of asbestos to the plaintiff and that a jury could reasonably find that the defendant had breached that duty.

Similarly, in the case of Bross v. Philips Electronics North America Corp., the plaintiff was the daughter of a former employee of the defendant, who had worked with asbestos-containing materials. The plaintiff alleged that she had contracted mesothelioma due to exposure to asbestos fibers that her father had carried home on his clothing. The court held that the defendant had a duty to take reasonable steps to prevent the transmission of asbestos to the plaintiff and that a jury could reasonably find that the defendant had breached that duty.

Employers have a legal duty to provide a safe working environment for their employees, including protecting them from exposure to asbestos. However, even when employers take all necessary steps to prevent asbestos exposure in the workplace, employees may still inadvertently carry asbestos fibers home with them, exposing their families to the substance.

The Throneberry Law Group is a law firm that specializes in asbestos and mesothelioma cases. The firm has extensive experience representing victims of asbestos exposure and helping them obtain the justice and compensation they deserve. If you or someone you believe that you may be a victim of asbestos third-party exposure, contact us now for a consultation. We are ready to help.