Liability for “low level” exposure confirmed by Supreme Court

In March 2011, the Supreme Court upheld awards of compensation to the families of Dianne Willmore and Enid Costello, who died from mesothelioma after exposure to low levels of asbestos. Dianne Willmore died aged 49, following exposure while a pupil at school, and Enid Costello was exposed while working as a secretary.

The Court confirmed that employers will still be liable, even if the exposure is to “low levels” of asbestos, as long as the asbestos made a “material contribution” to the cause of death (Sienkiewicz (Administratrix of the Estate of Enid Costello (deceased) v Greif (UK) Limited and Knowsley Metropolitan Borough Council v Willmore [2011] UK SC10).