Individual Case Study
Who Should Pay for Asbestos-Caused Illness and Deaths?
One of the major strict product liability cases involves asbestos, a fibrous mineral used for decades for insulation and fire prevention in homes, and consumer products. When inhaled through long term exposure, asbestos dust causes a variety of lung and respiratory diseases, including mesothelioma, a particularly fatal form of cancer. Millions of workers have been exposed to asbestos, especially during the middle decades of the 20th century. However, many of the diseases associated with asbestos, including mesothelioma, might take decades before they appear. Thus, it is often difficult if not impossible to identify the exact source of asbestos that caused the disease. In such cases, the liability focuses on any and all manufacturers of asbestos products. General perception is corporations brought the product to consumer market, the product proved defective; therefore they ought to be held accountable for the damages.
One estimate suggests that 700,000 people have been involved in lawsuits 8,000 corporations for asbestos related injuries. Asbestos liability lawsuits have bankrupted several corporations, including high profile Johns-Manville. As much as $70 billion has been paid in asbestos claims, and lawsuits continue in multiple locations in the U.S.
Assume you are on the jury of a court case filed by the workers who have been exposed to asbestos dust over the years. They are suing the manufacturers claiming their health issues are due to continuous exposure to asbestos dust. They want them to pay for their medical expenses, loss of income due to disability, and punitive damages. 1) What duties did the manufacturers of asbestos have over the years that workers were exposed to dust?

2) Who are the stakeholders involved in this case?

3) Should manufacturers of asbestos be held accountable for the damages caused by the product they brought to market, even if no direct link can be established between the injury and any specific product they manufactured? Provide reasoning for your answer.

4) Provide three facts that you need to know to make a fully informed judgment in this case.

5) If you were on the jury and had to decide who should pay the costs of a worker’s mesothelioma treatment, how would you decide? Provide reasoning for your answer.
Instructions:
* Please provide your answers as a write up * Maximum 2 pages – Times New Roman , Font 11 * This case is worth 5 points - each question is 1 point * Due in class on – 31th of march