Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10

KEY POINTS

• The Fairchild exception is applicable to mesothelioma cases with a single defendant. Furthermore, the claimant is not obligated to demonstrate that the defendant's negligence doubled the risk of contracting the disease.

• Where a claimant has suffered mesothelioma due to multiple exposures, and one of those exposures was caused by the defendant's negligence, the defendant can be held liable for the entire harm, even if their exposure was relatively minor.

FACTS

• Mrs. Karen Sienkiewicz is the daughter and administratrix of the estate of the late Mrs. Enid Costello, who passed away due to mesothelioma.

• Mrs. Costello had been employed in an office at factory premises where steel drums were manufactured. Her employers were found to be at fault for improperly subjecting her to asbestos, although the extent of this exposure was considered to be 'very minimal.'

• The trial judge assessed that this exposure contributed to an 18% increase in her overall asbestos exposure, in addition to the general environmental exposure.

COMMENTARY

• By recognizing the difficulties in proving causation for such diseases and upholding the Fairchild exception, the court ensured that victims and their families could seek rightful compensation in cases where negligent exposure to asbestos significantly contributed to the harm suffered.

• This decision played a significant role in striking a balance between the interests of the victims and the principles of tort law.

RELATED CASES

• Fairchild v Glenhaven Funeral Services Ltd