Case by Case

Employers's Lack of Care is Malice

In a recent case, a Texas court has underscored the law that a company cannot knowingly put workers at risk without being forced to pay the price. This case involved a worker who was killed by asbestos that he was exposed to while working. His widow sued the company responsible for exposing her husband to the asbestos, and the jury found that the company was partially responsible for the worker's death. The jury then increased its award to the widow by almost $200,000 because it found that the worker's death was caused by the company's "malice."

This verdict was based on evidence that employees of the company knew asbestos was dangerous by at least 1972 and possibly as early as the mid-1950s, but they did not do anything to protect workers until 1976. This evidence showed that the company was "consciously indifferent to the safety of other," and the jury's finding of malice was supported by the evidence.

 

 

 

 

 

 

 

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