The family of a Devon, UK man who was exposed to asbestos at the Battersea Power Station was granted the legal right by the Supreme Court to file for compensation for mesothelioma. This milestone lawsuit also grants others the right in the UK to receive a fair compensation amount should their loved ones die from asbestos exposure.
According to reports, Percy McDonald, a delivery driver, was exposed to asbestos at the Battersea Power Station, while picking up waste products. He recently died from malignant mesothelioma. Prior arguments in McDonalds case stated that his family shouldn’t be able to get compensation from Battersea as he we not considered an employee there and asbestos was not directly involved in the asbestos industry. Mcdonald worked for Building Research Establishment, but it was the asbestos exposure at Battersea that caused his illness.
However, with the Supreme Court’s new ruling, several factors have now changed in regards to future lawsuits brought on by the family of asbestos victims:
- Under The Factory Act, the owner of the premises is responsible for the welfare of others on the premises, even if they are not employed there
- Regulations for asbestos applies to all businesses, regardless if the business is in the asbestos industry or not
According to the plaintiff’s attorney, the new laws are a big step for those who have been financially affected after losing a loved one to negligent asbestos exposure.
“It also extends the scope of the Factories Act to assist those injured during their work on factory sites,” the attorney said. “It makes perfectly clear that the occupiers of the factory building have responsibility for protecting people engaged in processes on their site, not just their direct employees.This judgment will not only provide reassurance for those who are currently in a similar situation and are also suffering from mesothelioma or other industrial diseases, but also the many people who will receive the devastating news in future that they have contracted the terminal cancer as a result of exposure decades ago.”
The UK, similar to the U.S., has had a long history of asbestos use. Although it was banned many decades ago, asbestos was once an extremely popular metal for the construction industry in the UK. Asbestos exposure is responsible for more than 2,500 deaths each year.
“As a family we wanted to carry on the case after Dad’s death because we knew how important it was to him and wanted to ensure that others would be protected in future.It was only because he went to work every day that he became ill, and that was extremely difficult for us to come to terms with.I’m really pleased with the Supreme Court’s judgment and thank the judges for taking the time to hear our case. “I’ve seen first-hand how devastating mesothelioma can be and we were all distraught when Dad died, especially as he didn’t get to finish what he started in the courts,” said Mcdonad’s son, Eric.
From 1954 until 1957, Percy Mcdonald worked as a lorry driver, and would regularly pick up waste materials from Battersea. While waiting to collect the wastes, he would hang out in the turbine halls of the power station, where workers mixed asbestos. It is believed that the turbine halls is where he came into the most contact with asbestos fibers. He died earlier this year on Feb. 5, just one week before the first Supreme Court appeals hearing.
Keep in mind that if you or a loved one have been diagnosed with an asbestos-related illness, there is a good chance that you’ll qualify for substantial compensation. In the United States,there is currently more than $30 billion available in asbestos trust funds. Contact our experienced mesothelioma attorneys today for a free, confidential consultation.