The Kentucky Supreme Court on Thursday ruled that workers compensation exclusivity does not bar negligence and product liability claims stemming from so-called “take-home” asbestos exposure, allowing a long-running case against a manufacturer and supplier to proceed.
In Union Carbide Corp. v. Williams, the court affirmed a lower appellate ruling that the claims fall outside the scope of the state’s Workers’ Compensation Act because the alleged injury did not arise out of employment.
The case involves the estate of Vickie Williams, who died of mesothelioma after alleged exposure to asbestos fibers brought home on her father’s work clothes from a Lexington manufacturing facility.
While workers compensation is typically the exclusive remedy for job-related injuries, the court emphasized that the statute applies only to injuries “arising out of and in the course of employment.”
Here, both plaintiffs’ and defendants’ experts agreed that Ms. Williams’ illness was not caused by her own brief employment at the facility, but rather by long-term household exposure. As a result, the court held that exclusivity did not apply and did not shield the employer from civil liability.
Beyond the exclusivity issue, the court also addressed whether employers and product manufacturers can owe a duty to individuals outside the workplace. It held that liability may exist where exposure to hazardous materials is foreseeable, particularly in cases involving repeated, close contact with contaminated clothing over time.
The court declined to recognize a broad duty to the general public, instead limiting potential liability to household members with regular exposure.
The case was remanded for further proceedings.