Our client contracted Mesothelionma as a result of being exposed to dust particles during the building renovations at her home. The building works were conducted by her husband. Our client’s husband purchased asbestos fibro from a manufacturer intended to be used in the building of her home. A large amount of dust emanated from the fibro purchased when her husband, handled, cut, sawed and hammered the material. The dust fibres emitted into the atmosphere had settled on walls, floors and furniture. Our client stayed at home during the renovations and as a result was responsible for cleaning the dust that entered into the house, our client was exposed to significant amounts of asbestos fibres which led to her illness.
Our client soon began to suffer breathlessness, fatigue, pain and an inability to carry out domestic duties or engage in social activities she was then taken to a nursing home. She was diagnosed with Mesothelioma.
Gerard Malouf & Partners was called by the client’s son who inquired about her rights. Within 24 hours we had organised a conference and had filed a Statement of Claim in the Dust Disease Tribunal. We made a forensic decision to file the claim as quickly as possible so as to ensure her families rights were retained as our clients health was declining.
The case was an unusual case as our client was not a worker and therefore unable to claim under the Dust Disease Board. We had to attend to the former premises in which the family lived and took samples of materials from the house to confirm the type of asbestos and confirm the exposure.
Unfortunately, our client passed away due to the mesothelioma illness and her claim was settled for $310,000.00 inclusive of costs.