Settlement for family of man killed by asbestos inhalation at work

May 2017

Coleman Legal Partners recently finalised a case on behalf of the family of a man who was wrongfully killed in the course of his work due to the negligence of his employer. The firm was instructed by his widow, the Plaintiff, to bring an action on behalf of all the ‘Dependants’ of the deceased within the meaning of the Civil Liability Act 1961.

The deceased had worked for the Defendant company for the majority of his working life. While in the course of his employment the deceased was required to work with and in close proximity to asbestos materials*, which caused him to inhale injurious quantities of asbestos dust and fibre. The Defendant company was liable for the health and welfare of the deceased and breached that duty when they failed to protect him from exposure to the dangerous material.

Coleman Legal Partners successfully negotiated an out of court settlement for all the Dependants of the deceased. Actuarial evidence was compiled to quantify the significant losses of the Dependants and took account of lost earnings, pension benefits and valuations in respect of various maintenance/ household tasks the deceased would have carried out, had he been alive.

Damages reflecting the family’s capital loss, as well as the funeral and testamentary expenses borne by the widow, were paid over to the Plaintiff and the named Dependants totalling €160,000. The firm also secured their legal costs from the Defendant company.

(*Asbestos is a natural mineral made up of many small fibres and can be harmful if dust containing the fibre is inhaled. Asbestos has been used about the home in building materials and consumer goods, particularly to resist heat and to give fire protection. Asbestos products pose a significant risk to health and should always be handled with extreme caution. Always take precautions, and contact the Health and Safety Authority (HSA) for advice)