It is no exaggeration when I pronounce that asbestos can quite rightly be defined as a silent killer. Thousands of people in the UK alone suffer from an asbestos related disease of some form or another – and what is most poignant is that, unlike other life threatening diseases which may more often than not be brought about by an hereditary consequence, in most circumstances, diseases which are either directly as a result of asbestos or where asbestos has acted as a catalyst in the diseases growing can be prevented by carrying out relatively simple safety precautions and exercises.
In light of this then, it is not unreasonable to say that, should you be the victim of an asbestos related disease as a result of negligent exposure to it by another party, you are well within your rights to claim compensation to cover any loss or injury.
But when can you claim?
In answer to this, there are a multitude of occasions where you may be able to claim negligence for asbestos exposure. Take the course of your employment for example. All employers are under a legal obligation to ensure that before any work is carried out by their employees in their business premises, an extensive and through inspection is carried out in order to identify any potential dangers or hazards which could bring harm to an employee.
In light of this then, should their business premises be vulnerable to extensive asbestos exposure, it is solely their responsibility to ensure that measures are taken to remove the asbestos from the area; keeping employee health as a top priority. Having said this, it is important to realise that one inspection may not be enough – regular inspections could be carried out as a failsafe, as there are many stories of asbestos being found in all sorts of nooks and crannies in a building.
It is also important to realise that employers are under a greater duty of care to protect their workers in jobs where the likelihood of exposure to asbestos is more significant – for example builders. Failure to provide reasonable training and safe working conditions under these circumstances would bring serious ramifications for the employer.
Another area where asbestos negligence claims are rife is in circumstances where an individual or family are living in council housing. It is considered to be a legal obligation on councils to ensure that all their housing is reasonably safe, free from danger, and fit to inhabit. With this in mind then, if a complaint is made to the council regarding asbestos and they fail to amend the situation, this can leave the council in a vulnerable legal standing of negligence if anyone ends up suffering or ill as a result. Moreover, property owners who rent out property to individuals and families are similarly accountable should they fail to maintain their properties to reasonably safe standard – ensuring exposure to asbestos is at a minimum at all times.
As exposure to asbestos can result in being diagnosed with anything from a mild breathing disorder to something far more serious such as mesothelioma and even lung cancer, it is absolutely critical that any potential threat or exposure to asbestos is dealt with as quickly and effectively as possible to prevent risk and harm.
To conclude then, if at any time you are ever so unfortunate as to become exposed for a significant period of time to asbestos and a direct link can be proved from a medical perspective between the deterioration of your health and your exposure to asbestos, you may very well be able to claim.
