Defending Asbestos Claims

Is your firm facing an asbestos disease claim? Are you unable to locate your liability insurers? Our specialist solicitors can help.

Why are asbestos diseases still so common?

The incidence of asbestos diseases such as mesothelioma is still continuing at its peak level in the South East. Nationally, asbestos-related deaths are expected to continue at about 5,000 a year during the 2020s. This is despite the fact that the use of asbestos products virtually ceased by the early 1980s. Unfortunately, these diseases (and the claims that follow) generally do not develop until at least 20 years after the exposure that caused them.

Asbestos exposure in the South East

A lot of the older headlines were about asbestos exposure by government dockyard workers and newer headlines have concerned school teachers/pupils. However, many workers employed by private businesses in the South East region were also exposed to this material. This included:

• Central heating installers and plumbers
• Laggers and insulation engineers
• Building trades like carpenters, decorators and electricians
• Surveyors
• Boiler house operatives

Is there a defence?

Often there is no defence to an asbestos disease claim. In such cases, our solicitors will advise and assist you to settle the case as economically and quickly as possible. However, on occasions there may be a defence to such a claim, particularly in the following situations:

• Low-level exposure; especially in mesothelioma claims, sometimes the level of asbestos exposure causing the disease can be too low for the employer to be considered negligent at the time, especially before 1965.
• Causation; especially in lung cancer claims, the Claimant may fail to prove that his respiratory illness has been caused by asbestos exposure at all.
• Not your employee? The duties owed to employees and self-employed contractors can sometimes be quite different and there may be a defence if you can show the Claimant was genuinely not your employee.

Can we find your insurers?

Through our contacts within the insurance industry, our solicitors are often able to find insurers which the business cannot trace for themselves and so making the claim your insurer’s problem.

If your business is facing an asbestos disease claim contact one of our specialist solicitors for a free initial telephone consultation on 01622 680 430.

Our solicitors are experienced in helping businesses deal with asbestos disease claims in the most costs effective way possible.