Suing for Secondhand Asbestos Exposure in California

Asbestos exposure is a well-documented health hazard, known for causing mesothelioma, asbestosis, and other life-threatening conditions. While most people associate exposure with direct contact in high-risk industries like construction, shipbuilding, or manufacturing, secondhand asbestos exposure—or “take-home” exposure—is an equally serious issue. In California, victims of secondhand exposure may have legal options to seek compensation if they develop asbestos-related illnesses as a result of someone else’s occupational exposure. This article explores the nature of secondhand asbestos exposure, how it occurs, and how individuals can pursue lawsuits in California.

What Is Secondhand Asbestos Exposure?

Secondhand asbestos exposure occurs when someone who works with or around asbestos unintentionally carries the dangerous fibers home on their clothing, shoes, hair, or skin. Family members—often spouses or children—may inhale or ingest these fibers when handling the worker’s laundry, hugging them, or simply living in the same environment.

This form of exposure was especially common during the height of asbestos use in the mid-20th century, when employers failed to inform workers of the dangers or provide protective equipment. Although direct asbestos use is now heavily regulated, secondhand exposure cases continue to emerge due to the long latency period of related illnesses, which can take 20–50 years to develop.

Health Risks of Take-Home Asbestos Exposure

Asbestos-related illnesses are not limited to those who directly handled the material. Family members exposed to asbestos fibers at home face the same risks, including:

  • Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart. It is almost exclusively linked to asbestos exposure.
  • Asbestosis: A chronic lung disease caused by scarring from asbestos fibers, leading to difficulty breathing and reduced lung function.
  • Lung Cancer: Elevated risk for those exposed to airborne asbestos fibers, even if exposure was limited to a non-occupational setting.
  • Pleural plaques and effusions: Non-cancerous but serious conditions affecting the lungs’ lining.

Medical literature supports the link between take-home asbestos exposure and these diseases. Victims often face a delayed diagnosis, making treatment more complex and legal timelines more urgent.

Legal Precedents in California for Secondhand Exposure

California courts have increasingly recognized the legitimacy of secondhand asbestos exposure claims. One landmark case is Kesner v. Superior Court (2016), where the California Supreme Court held that employers owe a duty of care to prevent household members from being exposed to asbestos carried home by employees. This decision opened the door for family members of workers to pursue legal action against negligent companies.

To succeed in a secondhand exposure lawsuit in California, plaintiffs typically need to prove:

  • The defendant (usually an employer or product manufacturer) knew or should have known about the dangers of asbestos.
  • The exposed worker was employed or in contact with the asbestos-containing materials due to the defendant’s business.
  • The plaintiff (secondary victim) was regularly exposed to asbestos fibers through contact with the worker or contaminated items.
  • The asbestos exposure was a substantial factor in causing the plaintiff’s illness.

Who Can Sue for Secondhand Asbestos Exposure?

In California, several groups of individuals may be eligible to file a lawsuit for secondhand exposure:

  • Spouses of workers: Often the most frequent plaintiffs, particularly if they handled laundry or shared living spaces where asbestos dust was present.
  • Children: Minors who were exposed through physical contact or shared home environments.
  • Roommates or other cohabitants: In some cases, those living with workers during the exposure period may also be eligible.
  • Survivors of deceased victims: Family members can pursue wrongful death claims if a loved one dies from an asbestos-related illness caused by secondhand exposure.

Each case is unique, and eligibility depends on specific factors such as the timing of exposure, the relationship to the worker, and the companies involved.

Where and How Exposure Commonly Occurred

Many of the secondhand exposure claims in California are tied to specific industries and companies that operated heavily in the state throughout the 20th century:

  • Shipyards in San Diego and Long Beach: Workers brought asbestos fibers home from ships and equipment coated in asbestos insulation.
  • Oil refineries in Richmond and Torrance: Employees working on asbestos-lined pipes and tanks often returned home with contaminated clothing.
  • Power plants and industrial facilities: Family members of utility workers were frequently exposed.
  • Construction sites: Laborers working with asbestos-laden materials such as drywall, cement, and insulation were common carriers of fibers.

Workers often wore their contaminated clothing home without being warned of the risks or offered on-site changing or shower facilities. This failure forms the foundation of many successful take-home exposure lawsuits.

Statute of Limitations for Secondhand Asbestos Lawsuits in California

In California, the statute of limitations for filing a personal injury lawsuit due to asbestos exposure is generally:

  • One year from the date the victim knew or should have known that their illness was caused by asbestos exposure.
  • For wrongful death claims, family members must file within one year of discovering that asbestos exposure contributed to the person’s death.

Because asbestos-related illnesses often have long latency periods, this timeline begins at the point of diagnosis, not at the time of exposure. Still, swift legal action is critical to preserve evidence and secure witnesses.

Compensation Available for Victims

Victims of secondhand asbestos exposure may be eligible for several types of compensation, including:

  • Medical expenses: For diagnosis, treatment, surgery, or palliative care.
  • Lost wages: If the illness prevents the victim from working or diminishes earning capacity.
  • Pain and suffering: Emotional and physical distress caused by the illness.
  • Wrongful death damages: Funeral expenses, loss of companionship, and loss of household income for surviving family members.

Some victims may also be eligible to file claims against asbestos trust funds established by bankrupt companies. These trust funds have paid billions in compensation to victims without requiring traditional litigation.

Challenges in Secondhand Asbestos Cases

While California law supports take-home asbestos claims, they are not without challenges:

  • Proof of exposure: Establishing a clear link between the worker’s occupation and the plaintiff’s illness can require detailed employment and medical records.
  • Time delays: The decades-long latency period can make it harder to track down witnesses, documents, or company records.
  • Corporate defense strategies: Defendants often argue that the exposure source was unrelated, or that other factors (e.g., smoking) caused the illness.
  • Multiple defendants: Exposure may have occurred at more than one job site or involved several products, complicating the legal process.

Working with an experienced asbestos attorney can help navigate these complexities and build a strong case.

Conclusion

Secondhand asbestos exposure has harmed thousands of Californians—many of whom never stepped foot on an industrial job site. Thanks to favorable legal precedents like the Kesner decision, victims of take-home exposure now have a path to justice. Whether you are a spouse, child, or other family member suffering from a disease linked to asbestos, California law offers the opportunity to hold employers and manufacturers accountable. If diagnosed with an asbestos-related illness, contact a California mesothelioma attorney as soon as possible to understand your legal options and begin the process of seeking compensation.

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