3 Mesothelioma: damages
Compensation Act 2006 (2006 c 29) | Legislation

3  Mesothelioma: damages

(1)     This section applies where—

(a)     a person (“the responsible person”) has negligently or in breach of statutory duty caused or permitted another person (“the victim”) to be exposed to asbestos,

(b)     the victim has contracted mesothelioma as a result of exposure to asbestos,

(c)     because of the nature of mesothelioma and the state of medical science, it is not possible to determine with certainty whether it was the exposure mentioned in paragraph (a) or another exposure which caused the victim to become ill, and

(d)     the responsible person is liable in tort, by virtue of the exposure mentioned in paragraph (a), in connection with damage caused to the victim by the disease (whether by reason of having materially increased a risk or for any other reason).

(2)     The responsible person shall be liable—

(a)     in respect of the whole of the damage caused to the victim by the disease (irrespective of whether the victim was also exposed to asbestos—

(i)     other than by the responsible person, whether or not in circumstances in which

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