Liability ruling in take-home exposure case creates conflict

Toxic Tort Talk

By Craig T. Liljestrand

Craig T. Liljestrand‚ a partner at Hinshaw & Culbertson LLP‚ has extensive experience in toxic tort litigation. He is recognized for his litigation and trial skills in the areas of asbestos‚ silica‚ welding fumes‚ lead paint, chemical and occupational disease claims. His client base is expansive‚ and includes Fortune 500 companies in which he has successfully defended various industrial product and equipment manufacturers‚ contractors and premises owners in numerous toxic tort cases throughout the country. He is also the regional counsel for a major industrial manufacturer.

Posted July 21, 2014 2:54 PM

Under a negligence theory, Kesner v. Superior Court holds that manufacturers owe a duty of care to prevent harm resulting from secondary exposure to hazardous substances, such as asbestos or chemicals, 226 Cal. App. 4th 251, 171 Cal. Rptr. 3d 811 (2014). California’s duty to exercise an ordinary standard of care is defined by California Civil Code Section 1714 and the seminal 1968 case of Rowland v. Christian. 69 Cal. 2d 108, 443 P.2d 561 (1968). To determine whether a defendant met the ordinary standard of care …

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