229
you are viewing a single comment's thread
view the rest of the comments
[-] reverendsteveii@lemm.ee 4 points 1 year ago

I agree that there should be a way, but there absolutely is not.

[-] JustZ@lemmy.world 2 points 1 year ago* (last edited 1 year ago)

There should be. Could get creative. Eventually the law recognized take home exposure duty for asbestos product sellers. The problem with going after the employer is that any action for injuries derivative from an employee-employer relationship is limited to the exclusive jurisdiction of workers' comp., which absolutely does not cover take-home exposure.

There is always negligence, though. Everyone is liable for the foreseeable, actual harms of their conduct, or said another way, every person owes a duty to all other persons to use reasonable care to avoid causing injury. I guess that claim would get hung up on the medical proof of causation; how could a doctor say the work exposure was the one that caused the disease when the whole state was setting records. Maybe on the right facts, as is always the case for new precedent.

this post was submitted on 22 Sep 2023
229 points (98.7% liked)

Ask Lemmy

27253 readers
1861 users here now

A Fediverse community for open-ended, thought provoking questions


Rules: (interactive)


1) Be nice and; have funDoxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them


2) All posts must end with a '?'This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?


3) No spamPlease do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.


4) NSFW is okay, within reasonJust remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either !asklemmyafterdark@lemmy.world or !asklemmynsfw@lemmynsfw.com. NSFW comments should be restricted to posts tagged [NSFW].


5) This is not a support community.
It is not a place for 'how do I?', type questions. If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email info@lemmy.world. For other questions check our partnered communities list, or use the search function.


6) No US Politics.
Please don't post about current US Politics. If you need to do this, try !politicaldiscussion@lemmy.world or !askusa@discuss.online


Reminder: The terms of service apply here too.

Partnered Communities:

Tech Support

No Stupid Questions

You Should Know

Reddit

Jokes

Ask Ouija


Logo design credit goes to: tubbadu


founded 2 years ago
MODERATORS