Timing Is Everything In 'Take-Home' Asbestos Cases

Law360, New York (September 29, 2014, 11:59 AM EDT) -- As ongoing asbestos litigation matures, the number of "take-home" or "secondary" exposure cases continues to grow. The plaintiff in such cases is typically a spouse or other family member who claims exposure from laundering a husband or father's contaminated work clothes. The trend in these cases is to pursue liability against the employer or premise owner where the asbestos exposure originated. Often times, this is in addition to, or instead of, pursuing asbestos product manufacturer(s). In order to establish a claim against an employer/premise owner that did not manufacture the asbestos-containing products that were the source of exposure, the plaintiff cannot rely on a strict liability theory of recovery, but rather must establish liability under a theory of negligence....

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