A woman’s “bystander exposure” to asbestos from washing her husband’s work clothes for more than three decades substantially contributed to her mesothelioma, according to a New Jersey appellate court that upheld a $7.5 million jury award in Bonnie Anderson vs. A.J. Friedman Supply Co. Inc. backed up a jury award of $7 million for Anderson and $500,000 for her husband, plus prejudgment interest.
The couple proceeded with product liability litigation naming several defendants who manufactured and supplied asbestos, but went to trial only against Exxon Mobil Corp alleging that Anderson contracted mesothelioma from one or a pair of sources of asbestos exposures: her own 12-year employment working at an Exxon refinery and from laundering her husband’s asbestos-laden work clothes during his employment with Exxon from 1969 to 2003.
Secondary exposure also known as bystander exposure or indirect occupational exposure refers to people who are exposed to asbestos through a family member or someone else who is directly exposed to asbestos. Craftsmen working in close proximity to workers performing activities with a higher potential for exposure, maintenance workers and building occupants are all classes of people whose bystander exposure risk for asbestos exposure is considered high by researchers.
Bystander exposure is highly likely to lead to the development of Mesothelioma. Experts believe this may be because of the asbestos dust that workers bring home if their employer does not require them to shower and change their clothing before leaving the job site.
Some courts have found that secondary exposure to asbestos is not foreseeable or have limited Defendants’ liability for asbestos bystander exposure. If you are the spouse, relative or close friend of someone who you believe caused you to suffer secondary asbestos exposure, please contact SMSH today to discuss your potential claims.