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Product liability claim for the estate of mesothelioma sufferer


Mr R sadly passed away having suffered with mesothelioma. A claim was pursued on behalf of his estate. Mr R had been exposed to asbestos whilst working on the construction of a housing estate during his employment with Scudamore and Thomas. Unfortunately, it was not possible to identify employers’ liability insurance for the company.

In light of the lack of insurance, a decision was taken to pursue Cape Intermediate Holdings Ltd in respect of a product liability claim against Cape who were the manufacturers of asbestolux, which is what Mr R had used on site.

A product liability claim was pursued; something which is unusual in the UK, and was therefore a novel point of law. The claim settled shortly after it had been issued at court, and before the court proceedings had been formally served upon Cape.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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