New CA S. Ct. Opinion Re: Duty to Prevent Secondary Exposure to Asbestos
Yesterday, the California Supreme Court issued an opinion in Kesner v. Superior Court (Dec. 1, 2016, S219534, S219919) __Cal.5th__, analyzing whether employers or landowners owe a duty of care to prevent secondary exposure to asbestos. The court held “that the duty of employers and premises owners to exercise ordinary care in their use of asbestos includes preventing exposure to asbestos carried by the bodies and clothing of on-site workers.” (Slip opn., pp. 2-3.)
The Supreme Court explained that “[w]here it is reasonably foreseeable that workers, their clothing, or personal effects will act as vectors carrying asbestos from the premises to household members, employers have a duty to take reasonable care to prevent this means of transmission.” (Slip opn., p. 3.) “This duty also applies to premises owners who use asbestos on their property, subject to any exceptions and affirmative defenses generally applicable to premises owners, such as the rules of contractor liability.” (Ibid.) The duty, however, “extends only to members of a worker’s household.” (Ibid.) The duty does not extend beyond this category of potential plaintiffs because “the duty is premised on foreseeability of both the regularity and intensity of contact that occurs in a worker’s home.” (Ibid.)
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