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Asbestos decision sets a precedent
Published in: Legalbrief Today
Date: Mon 20 November 2006
Category: Litigation
Issue No: 1710



The Lille High Court recently rendered a criminal judgment, which has received massive media attention, on the matter of employers' liability and the indemnification of asbestos victims.

According to a report on the International Law Office site, Alstom Power Boilers manufactured boilers and control systems for nuclear power plants, and its workers were for many years exposed to asbestos-bearing materials above legal thresholds. Given the deliberate nature of these violations, the court ruled that the defendant was guilty of endangering the health and safety of others, and fined the directors and the company heavily. This decision sets a legal precedent. Until now, the offence of endangering the life of others had not been characterised on the sole ground of exposure to asbestos, irrespective of the appearance of an illness. By filing a criminal suit, Alstom's employees did not have to wait to fall sick from a potential work-related illness to obtain initial compensation. Hence, according to the court, where it is proven that there have been deliberate violations of health and safety rules, the company must indemnify the plaintiffs.
Full report on the International Law Office site




  


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