“House of Lords relaxes causation test for mesothelioma claims against multiple employers”
The claimants had all contracted mesothelioma after working for multiple employers who had negligently exposed them to asbestos dust. Medical evidence could not establish which particular exposure or employer had caused the disease, as mesothelioma can be triggered by a single fibre and has a long latency period.
Whether defendants could be held liable for mesothelioma when it was impossible to prove on the balance of probabilities that their breach of duty was the factual cause of the disease, given exposure by multiple tortfeasors.
The House of Lords allowed the appeals and held that all employers who materially increased the risk of contracting mesothelioma through negligent asbestos exposure could be held liable, even without proof of factual causation on the balance of probabilities.
This landmark decision fundamentally altered the approach to causation in tort law, particularly for industrial disease cases, by prioritising justice and policy considerations over strict adherence to traditional causation requirements.
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OSCOLA Citation
Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
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