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[86WashLRev0359] Clearing the Air: Ordinary Negligence in Take-Home Asbestos Exposure Litigation

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dc.contributor.author Washington Law Review
dc.contributor.author Levine, Rebecca Leah
dc.date.accessioned 2011-05-27T19:52:20Z
dc.date.available 2011-05-27T19:52:20Z
dc.date.issued 2011-05
dc.identifier.citation 86 Wash. L. Rev. 359 (2011) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1024
dc.description.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 clothing or their tools. While some jurisdictions have rejected these claims on the basis that the defendant did not owe a legal duty to the plaintiff, the Washington Court of Appeals rec Standards for Exposure to Asbestos Dust, 37 Fed. Reg. 11,318, 11,320 (June 7, 1972) (to be codified at ently recognized the potential validity of a household member’s claim for relief for the harm he or she suffered as a result of asbestos exposure.1 In doing so, the court applied an ordinary negligence test and examined the foreseeability of the harm to the plaintiff as the primary step in determining whether the defendant owed the plaintiff a legal duty. Although the Washington State Supreme Court has no precedent governing takehome asbestos exposure claims specifically, the courts of appeals’ reasoning comports with Washington negligence law. Accordingly, Washington courts should apply this ordinary negligence test in future take-home asbestos exposure cases. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [86WashLRev0359] Clearing the Air: Ordinary Negligence in Take-Home Asbestos Exposure Litigation en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 by Washington Law Review Association. en_US


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