What is the criteria used to determine liability in an asbestos-related case?
Liability in an asbestos-related case in New York depends on the circumstances of the specific case. Generally, in order to be held liable, an individual or business must be found to have committed an act of negligence or recklessness that caused harm to another. This includes any negligent or reckless handling of asbestos exposure, such as failing to provide adequate protection for workers. Additionally, companies that have manufactured, handled, or disposed of asbestos can also be held liable if they were aware of the risks associated with the material but failed to take adequate steps to protect people from its hazards. In New York, the specific criteria used to determine liability in an asbestos-related case include elements such as whether the liable party had a duty to protect and whether that duty was breached, whether the liable party acted negligently, recklessly, or intentionally, and whether the liable party’s actions or omissions caused harm to other people. Other factors may also be considered depending on the specific context of the case, such as whether the liable party engaged in a willful or reckless disregard of the danger associated with asbestos.
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