Posts Tagged ‘mesothelioma’
Asbestos in The Supreme Court – The implications of the past on the liabilities of the future
By Rob Blackburn commenting for Silverdell PLC
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“Asbestos has long been known to be a dangerous (as well as a useful) substance, employers and occupiers turned a blind eye to those dangers long after they knew or should have known about them, and mesothelioma is a dreadful disease.” Lady Hale
Implications from Wednesday’s landmark ruling.
Victims of mesothelioma have a life expectancy of just 18 months from diagnosis. Mesothelioma is an incurable cancer caused exclusively by asbestos. Asbestos does not occur naturally in the urban world, but was shipped into the UK in large quantities and added to over 3,000 products. Asbestos was used extensively in building materials and thus found its way into offices, schools, homes and hospitals. It was used extensively from the start of the last century up to the final ban in 1999.
Compensation is due because, as Lord Kerr succinctly puts it, “… employers had, in any event, been prepared to have their employee run the risk of contracting the disease.” Lady Hale added “employers and occupiers turned a blind eye to those dangers long after they knew” It is for these reasons that almost every case of mesothelioma is entitled to compensation.
Victims normally have to decide whether to accept what is offered by those responsible (if anything) or fight a legal battle that inevitably consumes their last days. This is what makes those that take these fights on so special, it is entirely selfless. Neither Dianne Willmore nor Enid Costello lived to see their victory in The Supreme Court, both passed away at different points in the proceedings. The beneficiaries are those that follow in their footsteps. Read More
Asbestos Related Disease – Joiner died from asbestos cancer
A joiner who was exposed to asbestos at work, died as a result of an industrial disease, an inquest heard.
Ernest Gittins, aged 70, had worked as a joiner for 44 years after leaving school aged 16. His wife of 25 years, Irene, learned that he had been exposed to asbestos when she spoke to former work colleagues, who attended his funeral.
Mrs Gittins, of Roxton Close, Horwich, told Bolton Coroners Court: “Other people told me that he used to cut asbestos sheets with an electric saw. “He did not wear any protective clothing, as there was nothing then, they said.”
He became unwell in January this year, and doctors thought he had pulled a muscle in his shoulder. In May he and his wife went to the Isle of Wight to celebrate their silver wedding anniversary, and he was in pain and could not lie down.
But it was only a short time before his death that the family was told that he had malignant mesothelioma, a type of cancer.
Assistant deputy coroner Peter Watson recorded a verdict of death caused by industrial disease. He said: “Clearly he was a very hard working man for many years, working in conditions that would perhaps not be acceptable in this day and age.”
Source: The Bolton News
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Asbestos Surveys – It’s vital workers are protected from asbestos
Builders liability insurance holders have been warned about the dangers of asbestos following the prosecution of a North Lincolnshire ship breaking company.
Acetech Construction, of New Green Farm, Barrow Haven, pleaded guilty to three breaches of the Control of Asbestos Regulations 2006 and was fined £3,400 and ordered to pay costs of £5,000.
Scunthorpe Magistrates Court heard that Acetech purchased a Polish former fishing vessel for dismantling as scrap. Read More