Washington Mesothelioma Lawyer and Legal Information
In a 2005 Washington Supreme Court decision, the court expanded the reach of Washington state liability law to include those whose exposure to asbestos was 'foreseeable.' The decision blocks defenses from asbestos defendants that family and household members who develop mesothelioma or asbestosis through secondhand exposure were never directly exposed to the products made by the defendant.
Determination of Liability
In the state of Washington, the courts follow a pure comparative negligence system in determining whether to award damages. Under a pure comparative negligence system, the judge or jury assigns a percentage of the fault for an injury among all of the parties concerned. A plaintiff may recover damages even if they are found to be as much as 99 percent at fault in causing their own injury. However, the damages awarded to the plaintiff are reduced in proportion to the share of the blame that they are assigned. If a jury determines that a plaintiff is 70 percent at fault of the injury and damages amount to $100,000, the plaintiff can recover $30,000 in damages.
In cases with more than one defendant, the Washington courts use a modified joint and several liability approach in apportioning any judgment among the defendants. In many cases, several liability applies. Under several liability, each defendant is financially responsible for the percentage of the judgment that is equal to their share of the fault. In cases where the defendants were acting in consort or in cases where the plaintiff has no fault, the defendants are subject to joint and several liability. Under joint and several liability, the defendant is liable for the entire amount of the judgment.
Washington Asbestos Litigation
In 2006 and 2007, there were seven asbestos-related lawsuits filed in the Washington court system. The defendants in those cases include General Electric, C.H. Murphy/Clark-Ullman Inc. Asbestos Corp and IMO Industries - all companies regularly named in asbestos-related lawsuits. Below are several examples of asbestos-related lawsuits filed in Washington.
In 2007, a King County jury awarded $1 million to a man who was diagnosed with mesothelioma in 1996 after working as a pulp mill pipefitter for 33 years. The case was settled before jury trial.
2005 - Lunsford v. Saberhagen Holdings Inc: A 2005 Supreme Court of Washington decision expanded the reach of the liability laws to include family and household members of those who worked in close contact with asbestos-containing products. This is an important decision, as it clarifies the standing of the court and the law on secondhand exposure cases without exposing defendants to unlimited liability by referring to "foreseeable danger." According to the Supreme Court decision on the case, the exposure of household and family members of workers to asbestos dust was a foreseeable danger.
In Kitsap County, a jury awarded $1.3 million to the family of a pipefitter diagnosed with mesothelioma. In another case taking place in King County, a jury awarded $1.5 million to a shipyard worker who developed mesothelioma after being exposed to asbestos in the Seattle shipyards.
