Arizona High Court to Rule on Liability in Asbestos Take Home Exposure Case

February 21, 2017

The Arizona Supreme Court has agreed to consider whether employers can be held liable to somebody who contracted cancer from asbestos brought home on a parent’s work clothes.

The case stems from the 2014 death of Dr. Ernest Quiroz, whose 2013 negligence lawsuit contends he was exposed to asbestos on his father’s work clothes. The facts as outlined in the appeal indicate he lived with his father from 1952 to 1966, during the time his father worked at Reynolds Metal Co. Dr. Quiroz lived in California until 1976 and in Michigan until his death in 2014. The suit alleges Dr. Quiroz contracted mesothelioma as a result of the exposure to his father’s work clothes.

The suit argues that Reynolds Metal Co. was legally obligated to avoid creating hazardous conditions that would injure people off its property.

Reynolds won a pretrial ruling by a trial judge, and the Court of Appeals upheld it.

The Court of Appeals said potential drawbacks of recognizing what’s called a duty of care in so-called “take-home exposure” cases outweigh potential benefits, partly by opening the door to liability claims involving an array of hazardous materials.

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