Asbestos chrysotile fibers that cause lung disease, COPD, lung cancer, mesothelioma/photo courtesy of Shutterstock
The majority of a sharply divided Virginia Supreme Court, addressing a question of law posed by a federal judge in the state, has ruled that an employer using asbestos products in its workplace has a duty of care to nonemployees exposed to asbestos-tainted clothing.
In a 4-3 ruling, the majority on Thursday said that while there’s little precedent from the courts or guidance from the state legislature on the issue, it was clear that if the employer knows or should have known that employees’ clothing dusted with asbestos could be handled by others, there is a clear duty of care.
