Asbestos is
not a modern discovery. There is mention of a fire proof fibre as far back as
the 5th Century BC and possible references to illnesses of the lung from
about the same time. But it is fair to say that it was in the 20th Century
that its use on an industrial basis really took off. Apparently a snow scene in
the Wizard of Oz used white asbestos!
The real
tragedy is that it is only now that we are seeing the real cost. Asbestos is
known to cause serious lung disease including lung cancer and mesothelioma. The
latter is almost always terminal.
There is
normally a gap of 30 – 40 years between the exposure to asbestos and the
appearance of symptoms of mesothelioma. This presents a logistical nightmare
for victims and their advisers. And it was the subject of a major decision of
the Supreme Court earlier this week.
This has
become known as the ‘trigger litigation’. In essence the insurers for companies
who were guilty of negligent exposure of their workers to asbestos were seeking
to avoid having to pay compensation. Their argument was that the liability to
pay was not theirs because the ‘trigger’ for the insurance liability was not
the time of exposure but the start of symptoms which is usually many years
later. This was a potential cause of massive injustice. By the time a victim
suffers symptoms say 40 years after exposure many companies have long since
disappeared. If there was no insurer around to deal with it then there was no
compensation.
On 28th
March the Supreme Court decided that the ‘trigger’ is the time of inhalation of
the asbestos and not the later date.
This is a
massive relief to thousands of sufferers. It is tragic that many died before
being able to benefit from this decision but at least their families will now
be able to claim. This is a significant decision from the Supreme Court who,
not for the first time, have decided in favour of those blighted by the
asbestos scandal.
If you or a
family member have been affected by asbestos EAD Solicitors have a specialist team
of lawyers who have pursued successful claims for victims and who will fight
for maximum compensation.
Great article. Asbestos is really nasty stuff and it is about time insurance companies started realising and meeting their responsibilities by paying compensation where it is due.
ReplyDeleteGood news at last for sufferers and their families.
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