“Fairchild causation applies even with single source exposure to mesothelioma.”
A woman developed mesothelioma after occupational exposure to asbestos and also had minimal environmental exposure. The defendant argued Fairchild only applied where there were multiple potential tortfeasors, not a single source with additional background exposure.
Whether the Fairchild exception to normal causation rules applies where there is only one potential tortfeasor alongside non-tortious background exposure to the same harmful agent.
The Supreme Court found for the claimant, holding that Fairchild applies even where there is only one potential tortfeasor with additional background exposure.
Clarified and extended the scope of the Fairchild exception, ensuring mesothelioma victims are not denied compensation due to background exposure. Important for understanding the limits and application of exceptional causation rules.
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OSCOLA Citation
Sienkiewicz v Greif [2011] UKSC 10
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