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'Take Home' Premises Liability Asbestos Exposure Claims - 2009 Update

August 2009 - DRI's Toxic Tort and Environmental Law Newsletter
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"Take home" liability continues to generate new plaintiffs, cases, and case law. As one plaintiff's practitioner noted, "[t]he housewife is the number one occupation listed for those now contracting mesothelioma." Emerging Sources of New Plaintiffs Defined at Asbestos Litigation Conference, The Record, by Scott Sabatini, March 13, 2009, quoting Anne Kearse of Motley Rice, LLC. Such claims are asserted on behalf of claimants that have never set foot on the premises but allegedly were exposed to asbestos through their spouses or others who brought it home on their clothing. They are referenced as "take-home" liability asbestos exposure claims, though they are also commonly referenced as "household," "bystander," "secondary," or "second-hand" exposure claims. Such claims are asserted against manufacturers of products allegedly utilized at such premises and against premises owners, and the number of both types of claims appears to be increasing. It is the latter claims that are the subject of this article.  Read more...

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