What is the criteria used to determine liability in an asbestos-related case?

In District of Columbia asbestos litigation, the criteria used to determine liability in an asbestos-related case are based on a set of legal principles determined by the court. Generally, in order for an asbestos-related case to be successful, the plaintiff must prove that the defendant was responsible for creating or maintaining the asbestos product, and that the product was defectively designed or created, or that the defendant failed to provide warnings or instructions about the danger of using an asbestos product. The plaintiff must prove that the defendant’s conduct was a substantial factor in causing the plaintiff’s harm or injury. Additionally, the plaintiff must prove that the defendant owed the plaintiff a duty of care, which the defendant breached by their actions, and that the breach of this duty was the proximate cause of the plaintiff’s damages. The plaintiff must also prove that they were “directly exposed” to the asbestos product, meaning they must demonstrate that they actually handled the product, were in the same room as the product, or were in an environment where asbestos was present. Finally, they must also show that they suffered physical injury or harm. If the plaintiff meets these criteria, they may be able to pursue an asbestos-related case in the District of Columbia.

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