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

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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

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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.

Take home, or secondary exposure, asbestos cases have Categories Toxic Tort Litigation Defense. U.S. District Court Dismisses Take-Home Asbestos Claim. Categories Toxic Tort Litigation Defense. Illinois Supreme Court Reverses Folta Decision – workers’ compensation claim.

Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. Although the Colorado Supreme Court has not yet recognized take-home exposure liability, Mestas, can now be used to support future plaintiff’s take.

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Environmental and Toxic Tort Defense Insight. News and Views on Environmental & Toxic Tort Federal and State Legal Issues and Developments.

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paint liability, employer liability in take-home asbestos exposure – plus an expanding section on pharmatorts including SSRI suicidality claims. Features of the second edition include: How to structure a toxic tort case from either the plaintiff or defendant’s perspective. Overview of scientific principles.

The concepts of "duty" and "foreseeability" figure prominently in any discussion of "take-home" toxic tort exposure claims. The typical "take-home" plaintiff is a bystander such as the child who claims she was exposed to asbestos while playing in the basement where her father’s work clothes were.

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