Toxic Tort Monitor: District Court Of Colorado Recognizes “Take-Home” Exposure Claim | JD Supra

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Rulings involving take-home asbestos duty vary state-by-state. Trends often depend on whether the plaintiff brings a suit against a premises owner or a product manufacturer.

The court discarded the limit that had been set ten years ago, when it first permitted claims based on exposure to toxic substances brought home from work on employees’ clothing. At the time, the court dismissed concerns that expanding the law to cover these claims would lead to open-ended liability

8/26/2010 – Take Home Liability: Illinois Extends an Employer’s Potential Liability to the Employee’s Family Members in Toxic Tort Cases. By answering "yes" to that question in a recent opinion, the Fifth District of the Appellate Court of Illinois dramatically expanded an employer’s potential liability.

Abstract: Abstract: Since 2005, take-home asbestos exposure claims have constituted a new wave of asbestos litigation. In contrast to employees exposed to asbestos at a worksite, take-home exposure occurred among those affected by employees who inadvertently carried asbestos home on their.

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Most toxic tort litigation involves an employee suing an employer, manufacturer and/or premises owner for illnesses allegedly caused by occupational exposure. While traditional cases continue to be filed, a new type of claim also is appearing on dockets around the country: cases involving "take-home".

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The united states district court for the Northern District of Illinois granted Defendant’s motion to dismiss in this "take-home" asbestos exposure case. We will continue to monitor this issue going forward. Categories Toxic Tort Litigation Defense.

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