Most mesothelioma lawsuits revolve around past exposure to asbestos, and the toxic impact of the dangerous material. But asbestos presents an ongoing and future risk that can also be the subject of litigation. A recent case in California focused on a landlord who failed to disclose the presence of asbestos in a property they leased.
Landlord’s Attempt to Sue Tenant Fails Due to Knowledge of Mesothelioma Risk
The risk of mesothelioma and other asbestos-related diseases was the underlying thread in the California lawsuit between landlord LF Encinitas Properties and orchid grower Epochal Enterprises. The landlord was aware that their commercial greenhouse properties were heavily contaminated with both asbestos and lead paint but failed to disclose this to Epochal.
When Epochal defaulted on their lease and was evicted, they sued Encinitas for failing to disclose the presence of asbestos and the risk of mesothelioma. They sought compensation for the loss of inventory and profits they had suffered, but at trial, the landlord pointed to a clause within their lease that limited their liability for lost profits or other economic loss. The jury found the landlord liable for premises liability, negligence, and concealment and awarded them damages, but the trial court granted the landlord’s motion for judgment notwithstanding the jury’s verdict based on the language in the lease.
Appeals Court Recognizes that Failure to Warn of Asbestos and Risk of Mesothelioma Is Against Public Policy
Following the landlord’s victory, the orchid grower appealed the decision, and the California Court of Appeal reversed the trial court’s decision. The justices noted that while limitation of liability language generally applies, the landlord’s failure to disclose the environmental hazards and risk of mesothelioma posed by the presence of asbestos invalidated that language and made the landlord liable for violating the Health and Safety Code.
Asbestos exposure risks malignant mesothelioma whether it occurs in a former workplace, as second-hand exposure, or from asbestos that remains in place in buildings today. If you have concerns about an asbestos-related disease, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
