December 27, 2007

Re: Delaware Take Home Exposure Law

TO THE COMPANIES IN INTEREST:

Dear clients - You may be interested in the attached opinion from Judge Slights, the supervising asbestos judge in Delaware, issued December 21, 2007, in which he holds as a matter of law (Delaware law) that the employer of an individual does not owe a duty to the employee's spouse to warn of asbestos hazards or to protect against "take home" exposures. The judge attempted a scholarly analysis and focused on the relationship between the employer and spouse, and not foreseeability (which has been used to create a duty in several jurisdictions).
 
It is not yet known whether an appeal will be taken. I thought the analysis is good and may be persuasive in cases you may have in other jurisdictions where the issue has not been settled by the appellate courts.
 
For more information please feel free to contact Paul Lantieri, Esquire at (215) 665-3301 or at Lantieri@bbs-law.com

Read More: Slights on Take Home Exposure