Asbestos in Houses Compensation Claims
Asbestos based materials were widely used throughout the construction industry up to the mid 1980’s and even as late as the 1990’s before a complete ban was introduced in 1999. As a consequence many homes may contain asbestos based materials which could give rise to a risk of asbestos expsore if they are in disrepair or they become damaged or disurbed during renovations or DIY activities.
The Control of Asbestos Regulations 2012 do not apply to domestic premises. As a consequence the obligation of landlords to prevent exposure to asbestos under the regulations only applies to the ‘common parts’ of domestic premises where there are multiple occupants, such as the entrance lobby, stairs, lifts, roof spaces, store rooms and communal outbuildings.
Having said this, whilst the regulations do not apply to the majority of domestic premises, landlords still owe a duty to any employees required to undertake maintenance on the properties. They must provide all employees with appropriate information regarding the presence of asbestos in the buildings where they may be required to undertake their duties pursuant to regulation 10. This means that they are obliged to identify the existence of and control any asbestos found on the premises.
In addition any landlord who knowingly exposed tenants to asbestos dust would be guilty of the tort of negligence. As a consequence anyone who subsequently developed an asbestos related condition as a result of such exposure would be able to pursue a claim for personal injury compensation.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7 on Freephone 0800 046 1748 or from a mobile on 0330 332 0536.