A former electrician has been awarded compensation after being exposed to asbestos while working at a university several years ago.
The court heard that Albert Carder, who is now 85, had worked on a number of sites in the past where employers had negligently exposed him to asbestos. He developed asbestosis and also suffered from unrelated conditions which affected his lung function. The evidence was that his asbestosis was gradually increasing and contributing to his disability and that it increased his risk of lung cancer. He therefore claimed that he was entitled to compensation for exposure to asbestos.
Mr Carder accepted that he had come into contact with asbestos at numerous locations during his career and that each source of exposure would have contributed to the development of his asbestosis in approximate proportion to the dose received.
He claimed that the university was responsible for 2.3% of his total exposure and should compensate him accordingly.
The university argued that the state of his health and disability would not have been noticeably different if he had not been exposed to asbestos while working on its site.
The court found in favour of Mr Carder. It said it was accepted that asbestosis increased with exposure and Mr Carder was worse off physically, even if that was not noticeable or measurable, since each source contributed in proportion to the overall condition. The asbestosis increased his risk of lung cancer and was progressive.
Mr Carder was entitled to £67,500 compensation for the pain and suffering caused by all the exposure to asbestos on different sites. The university was liable for 2.3% of that figure.
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