628. Mesothelioma and pneumoconiosis: damages and compensation.

(B)     Mesothelioma and Pneumoconiosis

628.     Mesothelioma and pneumoconiosis: damages and compensation.

Where:

  1.  

    (1)     a person (the 'responsible person') has negligently or in breach of statutory duty1 caused or permitted another person (the 'victim') to be exposed to asbestos2;

  2.  

    (2)     the victim has contracted mesothelioma as a result of exposure to asbestos;

  3.  

    (3)     because of the nature of mesothelioma and the state of medical science, it is not possible to determine with certainty whether it was the aforementioned exposure or another exposure which caused the victim to become ill; and

  4.  

    (4)     the responsible person is liable in tort,