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May 20, 2014

Judge refuses compensation claim on the basis of lack of knowledge of the dangers of asbestos in the 1970's

Today we all know just how dangerous asbestos is as a substance, and how it can take decades to rear its head as a killer. But the lack of knowledge in the 1970s has seen one woman diagnosed with mesothelioma lose her case against a former employer.

Marie McGregor, now 58 and suffering from mesothelioma, was employed by the British Shoe Corporation when she was 15 and worked in Lewis's Department Store, in Ranelagh Street, Liverpool. At the time the store decided to have the escalators replaced. This saw a white dust coat everything in the store, with the work being carried out while staff and shoppers went about their daily duties and browsing. At the time they didn't realize the dangers, and now McGregor is suffering because of that.

She decided to sue BCS when her illness was detected, but the judge in the case could not accept her employer was negligent. If such a case happened today, then the employer would be facing dire consequences, but the judge had to consider what was known in the 1970s and what action was taken to protect workers based on that knowledge. He found that adequate protection was in place, meaning McGregor receives nothing in terms of compensation.

Thankfully the situation is different today, but that doesn't help Marie.

Source: Liverpool Echo

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