Settlement Win After Mother’s Exposure to Asbestos

12 October 2024

By James

Category: Industry

Daughters Secure Settlement After Mother’s Death Due to Asbestos Exposure at Home

The family of Peggy Jones, an 88-year-old former head cook from London, has successfully secured a settlement after her tragic death from sarcomatoid mesothelioma, a rare and aggressive cancer caused by asbestos exposure. This type of cancer affects the lining of the lungs and is known to result from asbestos fibres being inhaled, leading to devastating health consequences.

Legal experts specialising in asbestos-related claims demonstrated that Peggy had been exposed to asbestos in her own home, where fireproof doors containing asbestos insulation had been installed by contractors hired by the letting agency responsible for managing the property.

Peggy’s daughter, Julie, recalled that during the late 1960s or early 1970s, asbestos sheets were cut and fitted inside the Islington flat in North London, where Peggy and her family lived at the time. The letting agency had arranged for asbestos sheeting to be installed to fireproof the internal doors, likely in response to evolving fire safety regulations.

Both Peggy and her daughter, Julie—then a child—were present in the home while the work was being carried out. Asbestos sheets were cut on-site, causing asbestos dust to be released into the air. The dust also settled on the floors and furniture. Peggy, unaware of the dangers, cleaned up the dust by sweeping and dusting, further exposing herself to the harmful fibres.

Following Peggy’s diagnosis and eventual death on 22 August 2020, Julie and her sister, Sally, decided to take legal action. They enlisted Vijay Ganapathy, a specialist in mesothelioma claims and a partner at Leigh Day, to pursue the case. Unfortunately, Peggy's mesothelioma was already advanced when Leigh Day was brought in, and she was too ill to provide a full account of her asbestos exposure before passing away.

Through detailed investigations, the legal team discovered that the letting agency responsible for managing the property was still in operation. With this information, Julie and Sally’s claim was filed against the agency. Since the family had purchased the flat after Peggy’s death, they were able to grant access to the fireproofed doors for further examination. Leigh Day arranged for samples to be taken from the doors by a UKAS-accredited company. Laboratory analysis revealed the presence of both amosite (brown asbestos) and chrysotile (white asbestos) fibres, both known to be highly dangerous and capable of causing mesothelioma.

The letting agency denied liability, arguing that they had hired what they claimed were "competent" contractors for the job and insisted that asbestos was not recognised as hazardous at the time the doors were installed. However, the legal team pointed out that no evidence had been provided to support the claim that qualified contractors were employed, and that the dangers of asbestos had been known well before any bans were introduced.

Although the letting agency did not formally accept responsibility, a substantial settlement was ultimately agreed upon, providing some measure of justice and closure for Peggy’s family after her avoidable asbestos exposure and untimely death.