The State Of 'Take-Home' Toxic Torts

Law360, New York (December 15, 2008, 12:00 AM EST) -- Most toxic tort litigation involves an employee suing an employer, manufacturer and/or premises owner for illnesses allegedly caused by occupational exposure. As these traditional cases continue to be filed, a new type of claim also is appearing on dockets around the country: cases involving “take-home” exposure.

The primary legal issue in these cases is whether the defendant (often an employer) owed a duty of care to the plaintiff (often an employee’s spouse or child) in situations where the plaintiff never set foot on company property....
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