Utah Supreme Court Enforces Duty of Care on Premises Defendants in Take-Home Asbestos Exposure Suit

SALT LAKE CITY –– The Utah Supreme Court has weighed in on the liability of premises defendants in a take-home asbestos exposure suit, in part enforcing a duty on two defendants that “took affirmative acts that introduced asbestos into the workplace, acts that create a foreseeable risk of harm to the co-habitants of a worker exposed to asbestos dust.”

In the Aug. 5 order, the state high court ruled that a duty of care exists in take-home exposure cases when the defendants engage in affirmative acts that cause employees to come into contact with asbestos.

In doing so, the court …