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Thompsons Wins Landmark Asbestos Claim

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Thompsons asbestos claim solicitors have worked on some of the highest profile asbestos claims in Scotland. In July 2018 a groundbreaking judgement was made in the Court of Session when the court ruled that the family of a woman who died as a result of secondary exposure to asbestos should receive damages from their deceased father's former employer.

It was the first time that a secondary exposure case of this nature had been ruled upon in Scotland.

Secondary Asbestos Exposure Claim – Case Study

Mr and Mrs SweeneyMrs Adrienne Sweeney died in 2015 as a result of the asbestos disease mesothelioma. Mrs Sweeney had been exposed to asbestos routinely as she washed her husband's work overalls. Mr William Sweeney had worked as an engineer fitter at the boiler manufacturing plant, Babcock and Wilcox Ltd, in Renfrew between 1962 and 1971, and again from 1974 until 1992.

Before her death, Mrs Sweeney recalled how she had washed her husband's overalls by hand and she described them as being "covered in dust" and always "manky". She told her lawyer that before washing the clothes she would shake the garments out at the back door and she would turn out the pockets and the turn ups.

Eventually, Mr Sweeney had stopped bringing his overalls home for washing as the company undertook the cleaning of employer overalls.

In proving that the firm of Babcock and Wilcox was negligent in exposing Mrs Sweeney to asbestos, it was vital that Thompsons asbestos solicitors could prove to the court the conditions at the factory. Without Mr Sweeney's testimony (sadly, Mr Sweeney had already passed away) Thompsons relied on evidence given by his former colleagues and experts in the field.

Expert witness testimony stated to the court that "the deceased's exposure [to asbestos] up to 1971 materially increased the risk of her contracting mesothelioma". While another expert witness, a retired Consultant Physician, referred to other patients he had treated who had contracted mesothelioma following asbestos exposure caused by washing their husbands' work clothes. The court noted that "one of these cases had been connected to employment with [Babcock International]".

Mrs Sweeney herselfIn considering the case, the court had to determine whether the exposure could have come from any other source, such as from Mrs Sweeney's own employment history in the motor trade. The court found that there was no evidence that she had been exposed in this line of work, and if she had it would have been far less likely to have resulted in her contracting mesothelioma due to the different types of asbestos used in the two workplaces.

The lawyers for the defender (Babcock International Ltd) stated that it had not been proved that Mr Sweeney worked with asbestos, nor that he had brought asbestos home on his work clothes.

The court decided in favour of the pursuers (Mrs Sweeney's daughter, Kay Gibson, and other members of the family) citing that the employer had a duty of care to Mrs Sweeney "by reason of their knowledge of a risk of secondary exposure affecting persons living with employees exposed to asbestos at work". The court was satisfied that Babcock and Wilcox negligently exposed Mrs Sweeney to asbestos and that this materially increased her risk of developing mesothelioma.

Damages of £247,000 were awarded to the family.

Thompsons in the press

The case was reported in the press and on websites across the UK, including The Daily Mail, BBC Scotland, the Evening Times, Herald Scotland and the Daily Record.

The family's lawyer from Thompsons Solicitors in Scotland, Nicola Macara, commented that it was "regrettable" that the defender made the family undergo a full court process, but the claim was helped by the "credible and reliable" evidence presented to the court.

Nicola added that this landmark case should be seen as a very positive outcome, not only for Mrs Sweeney's family but for "all Scots fighting to ensure that justice is done for sufferers of asbestos related disease".

Talk to Thompsons about claiming for the loss of a loved one

Thompsons Solicitors Scotland has a strong track record of securing justice for families affected by asbestos exposure, including a notable family's damages award over a mother's 'second-hand asbestos' death. Our expertise extends to claiming compensation following the death of a spouse due to asbestos-related diseases. We have won many cases on behalf of our clients, reinforcing our commitment to providing specialised legal support in asbestos compensation claims across Scotland."

Talk to Thompsons about asbestos illness claims

If you or a family member has received an asbestos illness diagnosis which can be attributed to asbestos exposure during employment or as secondary exposure through contact with someone else, Thompsons can help you make a claim.

Our asbestos claim solicitors are committed to ensuring you and your love ones receive the justice they deserve. To read more about how we can help you as a relative of someone who has contracted an asbestos related disease, please read our page: Information for Families.

Alternatively, you can contact us today by calling 0800 0891 331, or requesting a call back by filling in our online form.

Legal services for Asbestos Lung Cancer 5 1177
Based on 2085 reviews
Excellent
5/5
5 / 5

Thank you 😊

Ross was absolutely amazing! Got my case settle quick and easy 😊

Leonie laird
15 October 2024
5 / 5

Claim for compensation

I found Hannah Bennett a very helpful person that is passionate about her job and her clients she made everything so simple and easy and fought the corner like it was her own thanks again hannah !

Anonymous
10 October 2024
5 / 5

Work injury

Claire was excellent and keep me updated with every step of the way

Karen
8 June 2024
5 / 5

Compensation claim

I can only say that dealing with thompsons was first class from start to finish,very thorough and very professional, Claire Campbell was very easy to deal with and very helpful at all times.Would use again definitely

Brian
6 June 2024
5 / 5

Excellent, professional service

Bringing a claim is a long process and can seem daunting at times, but everyone at Thompson's who dealt with me was professional, knowledgeable and reassuring, and kept me updated as the claim progressed. I'm very pleased with the outcome and I would recommend Claire and the rest of the team.

Carolyn
6 April 2024
5 / 5

Justice in the worst possible circumstances

In November 2020 our family got News that would devastate us all! My Dad has been ill with what we thought was COVID but he gave us the news that doctors had found a cancer called mesothelioma! It was caused by breathing in asbestos dust! Once the shock settled the doctors put us intouch with Thompsons solicitors to help us investigate as to what caused my late father’s diagnosis! Thompson were nothing but professional throughout the long process & in the end we got a result which allows my mum to live her life that’s been devastated by the loss of her school sweatheart! Unfortunately my dad lost his battle 5 months after diagnosis but we continued with Thompson’s to get justice for what my dad & us as a family had been put Though! Although a stressful ordeal & heartbreaking at times Thompson’s maintained the highest of professional standards & showed us all the greatest compassion! I can’t thanks Thompson’s enough for all the hard work carried out at the most devastating time for our family

Jason
27 February 2024
5 / 5

Exceptional Service

I would like to thank Robert Cranston for dealing with my claim. Robert explained everything to me throughout my case. Even when I thought my case was a lost cause Robert fought consistently and got me a great claim.I would encourage anyone to go with Thompson’s. Thanks again

Anonymous
15 February 2024
5 / 5

Claim for fall…

Stewart White has been very helpful throughout my claim I would definitely recommend Thompsons

Anonymous
11 February 2024
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