Thacker and others v North British Steel Group plc

Personal injury – Exposure to asbestos – Liability. Court of Session: In an action in which the relatives of a woman who died of mesothelioma sought damages, contending that the defender exposed her to asbestos dust in the course of her employment negligently and/or in breach of statutory duty, the court held that the pursuers had established liability both under s 63(1) of the Factories Act 1961 and at common law as they had proved that the processes undertaken in the defender's foundry during the period of the deceased's employment there created substantial dust, including asbestos dust, to which the deceased was regularly and frequently exposed; her exposure was to an extent likely to be injurious to her, as it ultimately was; that injury was reasonably foreseeable and the defender did nothing to prevent it.

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