Claiming For Asbestosis – The Case of Fairchild

It is a sad fact that in previous years many people have worked in unsafe environments in buildings where they have been exposed to Asbestos. An unfortunate side effect of this is that they may succumb to the illness Mesothelioma – a lung tumour caused by exposure to asbestos. The question is can they claim and if so how?

The situation in the case of Fairchild v Glenhaven Funeral Services was exactly the same as the situation above and all the individuals claiming had contracted Mesothelioma through working for several different employers over a period of years.

From the start each of the employers admitted they had patently failed in their duty to protect their employees from the dangers of asbestos. Therefore the issue remaining was not that these individuals could claim but how was it possible to prove which of the employers was in fact responsible for their illness?

The House of Lords were able to negotiate this problem by making all the employers liable for the losses claimed by these individuals as any one of them by their actions could have caused the onset of the Mesothelioma. In addition each of the individuals did not have to prove fully that their employers had caused their injuries.

The impact of this case was that it safeguarded the rights of workers who had been subject to appalling working conditions and had been lumbered with life-threatening conditions and so opened the way for solicitors to negotiate compensation for individuals who had not been able to claim rightfully for a number of years.