The family of a company boss whose tragic death from asbestos-related cancer was caused by exposure to the deadly substance whilst working in his youth as a contractor for Marks & Spencer PLC have had their hopes of a £300,000 compensation pay-out dashed.
The businessman, who was managing director of a shop fitting company, was aged 61 when he died from mesothelioma, a form of cancer affecting the lining of the lungs. He was exposed to asbestos dust and fibres whilst carrying out joinery work at an M&S store in 1967. Up until 1984, he had also been exposed whilst a number of M&S branches across the North East were being modernised.
The High Court found that asbestos had at the relevant time been used extensively in M&S stores, particularly in ceiling tiles, and that it was the man’s exposure whilst working for the high street giant that had triggered his fatal cancer.
However, in dismissing his family’s damages claim, the Court ruled that, by the standards of the time, it was not reasonably foreseeable that the presence of asbestos would pose a threat to the health of contractors. Knowledge of the asbestos hazard was still developing in the 1960s and 1970s and the level of the man’s exposure when inspecting and surveying ceiling voids would have been lower than health and safety limits in force at the time.
Gavin Moat, Industrial Disease Solicitor at Russell Worth solicitors said: “Sadly, this case goes back to a time when the effects of asbestos exposure were unknown, and no safety measures were put in place by Marks & Spencer which would have prevented the gentleman’s exposure to asbestos and the health implications he has suffered down the line.
“Mesothelioma is a dreadful disease and once diagnosed sufferers and their families face a very bleak outlook. As with all asbestos-related conditions, the greater a person’s exposure to asbestos the higher the likelihood is that it will cause damage to the lungs. In this case, the gentleman was exposed to asbestos fibres over a number of years in various different roles. It is a very sad case.”
If you or your loved one has been exposed to asbestos in the past and you need legal representation, Russell Worth solicitors can help. Visit our dedicated website – www.mesotheliomauk.org – for detailed information on making a claim for asbestos exposure or call 0800 028 2060 to speak to a member of the team.