(Last Updated on: September 10, 2018 )

According to a recent California Supreme Court decision, companies may be held liable if asbestos from a job site causes someone in a workers home to become sick. This ruling makes lawsuits on behalf of family members who have contracted disease from asbestos fibers brought into their home on an employee’s clothing possible.

The Employers Responsibility To Worker And Family

“Employers have a duty to take reasonable care,” to make sure asbestos does not fall on an employee’s clothing or other personal effects, Justice Goodwin Liu stated. “To be sure, there are other persons who may have reason to believe they were exposed to significant quantities of asbestos by repeatedly spending time in an enclosed space with an asbestos worker- for example, a regular carpool companion.” Despite this fact, the law only covers victims who reside in an employee’s household, “an identifiable category of people…most likely to have suffered a legitimate compensable harm.”

The Danger and Risks of Asbestos

Asbestos was once widely used in commercial products and building materials from hair dryers to automobile brakes. Despite crackdown on most asbestos containing commercial products, construction workers and their families continue to remain at high risk of coming into contact and developing Mesothelioma. Mesothelioma is a cancer of the chest and abdomen, and is very closely linked with asbestos exposure. The lawsuits accused the companies of knowing of the dangers of asbestos for decades, but failing to provide locker rooms or showers for workers.

The ruling came about as a result of two lawsuits; Johnny Blaine Kesner Jr., 53, who died of perotineal mesothelioma contracted from his uncle, who worked at a brake manufacturing plant owned by Pneumo Abex LLC. Kesner’s uncle had watched over his nephew at least three nights a week from 1973-1979, and often interacted with him while wearing work clothes.

The other lawsuit was filed by the children of Lynne Haver, who contracted mesothelioma from exposure to asbestos on her former husband’s work clothing. Haver’s husband had been exposed to asbestos from working with pipe insulation and other products at his job with the Atchison, Topeka and Santa Fe Railway (predecessor to BNSF Railway Co.) from 1972-1974.

If you or a loved one have suffered from disease caused by asbestos and workplace negligence, the law firm of Hodes Milman can provide you with the assistance you need. Contact us today online at verdictvictory.com or call (949) 640-8222 for a complimentary case evaluation.




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team