Amici Group Opposes Imposition of Liability Against Premises Defendant in Take-Home Asbestos Exposure Case

SANTA FE, N.M. –– An amici group has filed a brief weighing in on a take-home exposure dispute involving the liability of a premises defendant in an asbestos case, maintaining that states like New Mexico that do not focus on foreseeability as part of the duty analysis have uniformly rejected take-home asbestos exposure claims against premises owners.

In the Feb. 12 brief filed in the New Mexico Court of Appeals, the group says these other courts have “been mindful that imposing a duty on premises owners to prevent off-site exposures to asbestos or other hazards in the workplace could result …