TORT LAW RESOURCES

The claimant was employed by the defendant and worked in brick kilns in extremely hot and dusty conditions. His work exposed him to brick dust, which could cause dermatitis. The employer was in breach of duty for failing to provide adequate washing and showering facilities at the workplace.

The claimant suffered from chronic back pain and consulted the defendant neurosurgeon, who advised surgery. The surgeon failed to warn her of a small (1–2%) inherent risk of serious nerve damage associated with the procedure. The risk was not due to negligence in performing the operation, but was an unavoidable complication.

The claimant had been exposed to asbestos during employment with multiple employers, as well as during a period of self-employment. He developed mesothelioma and later died. As in Fairchild, it was impossible to determine which exposure had actually caused the disease.