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Nick Martin is co-chair of the firm’s Toxic Tort and Environmental practices and Regional Managaing Partner for the firm's San Francisco office. Nick defends companies and individuals sued in products liability, premises liability, toxic tort and general litigation matters. His clients include national and local manufacturers, retailers, property owners and entrepreneurs in a wide variety of service, sales and products industries.

CA Flag 1The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v. Superior Court  and Haver v. BNSF Railway Co. matters, the Court stated:

We hold that the duty of employers and premises owners to exercise ordinary care in their use of asbestos includes preventing exposure to asbestos carried by the bodies and clothing of on-site workers. Where it is reasonably foreseeable that workers, their clothing, or personal effects will act as vectors carrying asbestos from the premises to household members, employers have a duty to take reasonable care to prevent this means of transmission. This duty also applies to premises owners who use asbestos on their property, subject to any exceptions and affirmative defenses generally applicable to premises owners, such as the rules of contractor liability.Continue Reading California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases