Sienkiewicz (Estate of Enid Costello Dec'd) v Greif (UK) Ltd - asbestosis/mesothelioma

In mesothelioma cases where at least one possible asbestos source is non-tortious (eg the local atmosphere) the correct test for deciding whether an employer is liable is whether the "tortious exposure" derived from the employer increased to a material extent the risk of the person concerned contracting mesothelioma. It is not necessary to show that the risk derived from the employer is more than twice the risk arising from the non-tortious cause or causes.

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