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Personal Injury – Asbestos

Mesothelioma is a form of cancer caused by exposure to asbestos. Typically, persons contracting it in their employment have worked for more than one employer in an industry resulting in exposure to asbestos. Therefore a cause of action may lie against all the employers. This liability will be joint and several; ie even if only one employer still subsists, that employer will be fully liable subject to the principle in Brett v Reading University, CA (Civ Div) 14/02/2007
Here, the employer was held not to be liable because the Plaintiff failed to show a breach of duty of that employer. Exposure to asbestos was not enough. It was necessary to prove negligence or breach of statutory duty by that employer.