I'll Take One Order Of Liability, To Go

Law360, New York (March 1, 2012, 12:53 PM EST) -- With increasing regularity, plaintiffs are filing take-home toxic exposure cases against premises owners even though they have never actually been on or near the premises. They are oftentimes the wives or adult children of an employee or contractor who worked on the premises at some point in time.

The typical allegation is that a worker carried home the toxin from the premises through work clothing and exposed the plaintiff through personal contact with the worker, or by handling the worker’s laundry. Take-home plaintiffs assert that premises owners had a duty to warn them of the hazards of second-hand exposure.

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