A previously dismissed asbestos lung cancer lawsuit filed against Shell Oil Co. has been revived by a California appeals court, reversing its earlier decision.

The asbestos lung cancer lawsuit was filed by the wife of a former employee who claims that, from secondhand exposure to the toxic substance via her husband’s work clothes, she contracted mesothelioma. Wanda’s late husband, Frank, worked with Shell for decades: from 1954 until his retirement in 1992.

The California Supreme Court found in December that employers can be held liable for injuries caused by the secondhand asbestos exposure that workers’ family members may suffer.

The Second Appellate District panel argued that, because of this “take-home” liability train of thought, Shell owed the plaintiff, Wanda B., a duty of care and protection from this potential secondhand exposure.

Indeed, according to the Supreme Court decision about duty of care in such cases, employers not only have to keep their employees safe from foreseeable harm (including asbestos exposure), but also protect members of the employees’ households from ongoing secondhand exposure to asbestos.

The dangers of asbestos exposure, even secondhand, include asbestos lung cancer and mesothelioma cancer.

Wanda’s lawyers were reportedly pleased with this decision to revive the lawsuit, noting in a  statement to Law360 that “it … joins a growing number of appellate opinions from across the country to adopt the majority rule that employers and landowners are under a duty to exercise reasonable care with respect to workplace hazards, including those hazards that may be foreseeably transmitted to household members.”

What is Asbestos?

Asbestos is a naturally occurring mineral used for commercial purposes such as electrical or building insulation, as well as countless other uses. The microscopic fibers of asbestos can accumulate in the lungs, but then quickly spread to distant organs.

Asbestos lung cancer may take decades to develop. Because of this, construction workers make up a large number of those who file asbestos lawsuits, as they have often spent years surrounded by products and equipment made with asbestos without proper protection or even warning of the dangers of such exposure.

Filing an Asbestos Lung Cancer Lawsuit

According to many asbestos lung cancer lawsuits, companies that allow workers to be exposed to asbestos should have been aware of the dangerous nature of their asbestos-containing materials — both to the workers and to their families at home who may be exposed secondhand.

Plaintiffs say companies should also be aware of asbestos’s ability to cause disease and even fatalities. There are many asbestos regulations in place to prevent these kinds of issues.

If you or someone you love has been diagnosed with or died from asbestos lung cancer, you may be able to file an asbestos lawsuit or seek an asbestos fine.

While filing a lawsuit cannot take away the pain and suffering caused by asbestos lung cancer, it can help to alleviate the financial burden incurred by medical expenses and lost wages.