McGregor v Genco (FC) Ltd

McGregor v Genco (FC) Ltd

Although the claimant was exposed to asbestos dust during her employment and this exposure caused her mesothelioma, the defendant was not negligent because, judged by the standards and knowledge of 1976, the risk was not sufficiently foreseeable to require further precautions or enquiries beyond those taken. The defendant's practices were not clearly bad by the standards of the time.

Parties
Claimant: Marie Georgina McGregor; Defendant: GENCO (FC) Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Personal Injury/negligence / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Asbestos Exposure, Employer's Duty of Care, Negligence, Mesothelioma, Foreseeability of Risk
Tort Law Personal Injury Asbestos Exposure Employer's Duty of Care Negligence Mesothelioma Foreseeability of Risk

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Parties

Marie Georgina McGregor

Claimant

GENCO (FC) Limited

Defendant

Procedural Posture

Personal Injury/negligence / Judgment After Trial

Legal Issues

  1. 1 Was the claimant exposed to asbestos dust during her employment with the defendant?
  2. 2 Did that exposure cause her mesothelioma?
  3. 3 Was the asbestos exposure negligent?

Ratio Decidendi

Although the claimant was exposed to asbestos dust during her employment and this exposure caused her mesothelioma, the defendant was not negligent because, judged by the standards and knowledge of 1976, the risk was not sufficiently foreseeable to require further precautions or enquiries beyond those taken. The defendant's practices were not clearly bad by the standards of the time.

Court Disposition

Claim dismissed