Weightmans’ Keiran Jones calls on the HSE to monitor background asbestos

WITH an increasing number of asbestos-related claims being brought against corporations from people alleging low-level “bystander” exposure to asbestos, there is concern as to whether it is appropriate to automatically attribute causation to specific alleged exposure to asbestos, or whether the courts need to look more closely at environmental background exposure.

It would be helpful if the Health and Safety Executive provided greater clarity on background asbestos levels in the UK’s public buildings.

More and more claimants are looking to pin liability for low-level asbestos exposure onto individual schools and local authorities, despite the likelihood of asbestos being present in a wide variety of locations.

Clearly, if defendants are going to have any success in defending low-level asbestos exposure claims, more guidance on environmental levels is required so that such exposure can be demonstrated to be minimal.

These claims are likely to be dealt with under public liability policies and, under current law, such claims will be covered by the insurance held at the time the claimant developed the condition and will affect current insurers and the live market, who should be cautious to investigate the full history of exposure as best they can.