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Fairchild v Leeds City Council and Others

8 February 2001
The issues

Mesothelioma – Exposure – Causation – Equal Likelihood of Exposure at Premises of Second or Third Defendants

The facts

The Claimant sued as Widow of her late husband for damages for his death from Mesothelioma. Medical evidence was agreed but Mesothelioma was the cause of death and that his condition had developed as a result of exposure to asbestos fibres during his employment as a joiner at premises owned by the Second and Third Defendants and that the relevant exposure could have occurred at either of the two premises or in combination in circumstances in which it was impossible to say that one was more likely than the other.

The decision

The Court was unable to find on the balance of probabilities that the breaches of duty by either the Second or Third Defendant were a cause of or material contribution to F:s Mesothelioma.

Action dismissed.

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