The New Jersey Supreme Court has expanded an earlier decision pertaining to “take-home toxic tort liability,” which is the assertion that companies can be responsible when their workers exposed to potentially harmful materials and take those materials home to their spouses.
Now, in Schwartz v. Accuratus Corporation, justices ruled that potential liability can extend not just to the workers’ spouse, but also to roommates and unmarried romantic partners.
The ruling was issued at the behest of a federal court which is handling a case in which a woman in Pennsylvania filed a lawsuit against a ceramics company where her husband and roommate were once employed. Plaintiff alleges she suffered severe illness in the form of chronic beryllium disease. It’s a condition that affects the lungs, and similar to mesothelioma, it’s caused by breathing in tiny toxic fibers and particles that are routinely found in industrial factories and other facilities. Continue reading