Del. High Court to Decide Premises Liability Dispute

WILMINGTON, Del. -- The Delaware Supreme Court recently heard arguments on whether asbestos plaintiffs working for an independent contractor can assert claims against the premises owner. In re: Asbestos Litigation, Nos. 100, 2005; 101, 2005; 102, 2005; 106, 2005; 107, 2005; and 136, 2005 (Del. Sup. Ct.).

The state's high court heard arguments on the premises liability issue on Oct. 26. Several plaintiffs have appealed to the Supreme Court, arguing that a trial court erred in awarding summary judgment to the premises defendants.

'Under Delaware law a premises owner may not escape a duty to an invitee by ignoring the …