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· 10/27/2005

Matter of Nyc Asbestos Litig

Citations

  • 840 N.E.2d 115
  • 5 N.Y.3d 486
  • 806 N.Y.S.2d 146

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “foreseeability bears on the scope of a duty, not whether a duty exists in the first place.”
  • stating that finding duty in take-home asbestos cases would create \limitless liability\ for employers, extending duty to a babysitter or laundry worker who washes the employee's clothes
  • holding employer/landowner owed no duty to protect or warn employees’ spouses of take-home asbestos exposure
  • finding no duty based on policy considerations, including the potential for limitless liability
  • finding no duty based on policy considerations, including the potential for limitless liability
  • declining to recognize a duty owed by an employer to prevent asbestos exposure that occurred outside an employer's premises because foreseeability \does not define duty\ and there was no relationship between the employer and the employee's wife

Source: CourtListener parenthetical corpus (CC0).

Judges: Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith Concur Chief Judge Kaye Taking No Part

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.