Delaware Supreme Court

Case Status


Docket Number

156, 2008


Case Updates


February 04, 2009

The Delaware Supreme Court agreed with NCLC that an employer does not have a duty to prevent secondary exposure to asbestos.

U.S. Chamber files amicus brief on secondary exposure to asbestos

August 01, 2008

NCLC urged the Delaware Supreme Court to join other states in rejecting a duty to prevent secondary exposure to asbestos. In its brief, NCLC argued that premises owners should not be held liable for secondary exposure to asbestos because the relationship between the premise owner and the plaintiff – usually a relative of an employee of the business owner – would be too attenuated to create a legally cognizable duty. Moreover, imposing a duty on a premise owner to protect every person that comes into contact with the business’ employees – or even with the employee’s clothes – would impose an unworkable standard for liability.

Case Documents