News
Court of Appeal Rejects Widow
Posted: 27-01-2005
Mrs Maguire had contracted mesothelioma through being exposed to asbestos from dust on husband’s work clothes. Her husband was employed as a boilermaker with Harland & Wolff in the shipyards between 1961 and 1965.
Mrs Maguire died from the disease soon after the original decision. At first instance the Judge concluded that the risk of pulmonary injury from secondary exposure to asbestos dust could be reasonably foreseen and found Harland & Wolff liable. Harland & Wolff then made an appeal and the Court of Appeal overturned the original decision. The reasoning was that prior to 1965 there had been no suggestion from the industry, medical profession or factory inspectorate that it was necessary or prudent for risks from secondary exposure to be protected against. It was not reasonably foreseeable that Mrs Maguire was at risk as a result of her husband’s negligent exposure to asbestos.
Claims can still be brought where someone suffered “secondary” exposure to asbestos after the mid-1960s. It is anticipated that the House of Lords may reverse the Court of Appeal’s decision in due course. If this does happen, we will report on this decision accordingly.
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