Landmark asbestos claim: Dianne Willmore wins £240,000 before passing from mesothelioma
Dianne Willmore, a wife and mother of two, was only 49 years old when she died of mesothelioma in 2009.
Her death, in October of that year, occurred mere hours after the Court of Appeal upheld her asbestos exposure asbestos claim.
Dianne had launched proceedings against the local authority responsible for exposing her to low levels of asbestos while she was in secondary school, forming the basis of her asbestos claim.
The ruling was further appealed by Knowsley Metropolitan Borough Council following Ms Willmores’ death. However, the Supreme Court reaffirmed the award of £240,000 in compensation arising from the asbestos.
Diane’s win marked a significant legal event as it was the first asbestos claim of its kind to succeed.
It sparked a wave of change concerning “low-level” asbestos exposure cases, leading to several additional local authorities and insurance companies being implicated in negligence proceedings linked to similar claims.
Notably, the seven judges of the Supreme Court unanimously rejected the defendant’s assertion that they should be liable for mesothelioma only if the exposure they caused had doubled the risk in an asbestos claim.
The Court instead found that counsel for the plaintiff need not show that the exposure had caused her illness but merely that the defendant’s negligence had materially increased the risk of developing the disease in support of the asbestos claim.
Ms Willmores’ exposure to asbestos occurred during the 70s when she was attending Bowring Comprehensive School. Numerous asbestos-related incidents during Diannes schooling were submitted as evidence for her asbestos claim.
Tiles from the ceiling which contained asbestos had been left uncovered in a bustling school corridor so tradesmen could carry out electrical repairs.
Some student’s belongings, such as their school blazers or bags, were stolen by other pupils and stashed amongst these asbestos tiles. The same tiles had also been left exposed in the girls bathrooms.
Commenting on the Court’s findings, the founder of the asbestos exposure in schools activist organisation, Michael Lees, explained that approximately 75% of school buildings in England contained asbestos.
This means a considerable number of former students are potentially in danger of developing an asbestos-related illness, which may later give rise to an asbestos claim.
He also explained the far-reaching financial repercussions of asbestos exposure for local authorities arising from such asbestos claims.
Councils struggled to secure insurance against asbestos liability, a problem that worsened following Ms Willmores’ case.
Lees, who lost his wife to mesothelioma, added that it’s going to be the local authorities who foot the bill.
