Full question:
How is a defendant’s liability determined in an asbestos case?
- Category: Asbestosis
- Date:
- State: National
Answer:
One of the primary questions in asbestos litigation is whether the plaintiff was actually exposed to the defendant’s product. To make the defendant liable, there should be proximity between the plaintiff, and the defendant’s product. People whose work brings them into contact with asbestos and workers who renovate buildings with asbestos in them may inhale fibers that are in the air; this is called occupational exposure. Workers' families may inhale asbestos fibers released by clothes that have been in contact with asbestos-containing materials; this is called para occupational exposure. People who live or work near asbestos-related operations might inhale asbestos fibers that have been released into the air by such operation; this is called neighborhood exposure. In asbestos litigation, the plaintiff must show that occupational or neighborhood exposure to asbestos occurred while working for the defendant.
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