The family of a former shop worker who died 60 years after being allegedly poisoned by asbestos is suing Boots for £135,000.
Anne Lawton, 77 started working at Boots in Hanley, Staffordshire aged 15. However, in 2019 she was diagnosed with the incurable asbestos-linked cancer, mesothelioma, and died two years later in 2021.
Before her death, Ms. Lawton said she was repeatedly exposed to deadly amounts of asbestos dust during a refit of the Boots store, however she died before her case made it to the High court.
Now, her family are accusing Boots of “failing to take cheap and simple steps” to protect its staff from asbestos dust. However, the company denies breaching its duty to Mrs. Lawton or that there was a “foreseeable risk” of her suffering a deadly disease.
According to the family’s lawyers, when Mrs. Lawton joined Boots from school the store was being completely refurbished, which included the installation of suspended ceilings containing asbestos. In a statement before her death, Mrs. Lawton, of Cheadle, Staffordshire, said the work meant floors were “incredibly dusty”.
She said:
“I was given a broom and told to sweep the floors a couple of times a day. Every floor was dusty, including the locker room, which was next to where a suspended ceiling was being fitted. I remember seeing dust on the floor, which we all kicked up as we moved about.
“I had dust all over my clothes when I did this.”
After the refit, Mrs. Lawton continued to be exposed to poisonous dust when sent to the store basement, where there were pipes with damaged lagging, it is claimed. Mrs. Lawton eventually left her job at Boots in 1969-70.
Her family’s barrister, Simon Kilvington KC, said there is no evidence the defendant took any of the “cheap and simple steps” to reduce the risk of asbestos poisoning.
He said part of the alleged exposure happened after the “explosion” in public knowledge about the dangers of asbestos following a report in 1965. It confirmed mesothelioma could be caused even by “light and brief” exposure to asbestos dust.
However, barrister John Williams KC, for Boots, said it denies the risk of Mrs. Lawton being injured was “foreseeable”, based on the standards of the time, and any “breach of duty” which it owed to her.
He said pre-1965, it was thought deadly disease was only a risk if there was “heavy and prolonged” exposure to asbestos. He said investigating pipe lagging only became recommended practice later, “after the period we are concerned with.”
The trial continues.
What is mesothelioma?
Mesothelioma is a type of asbestos-related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial).
Statistics show that more than 2,700 people are diagnosed with mesothelioma each year in the UK and most cases are diagnosed in people aged 75 and over.
What causes mesothelioma?
Asbestos exposure is almost always the cause of Mesothelioma. Asbestos was used as a common building material in the UK between the 1930s and the 1980s and was often mixed into cement, roofing felt, texture walls, ceiling coverings and floor tiles, and used on roofs, gutters and window seals and to lag or insulate boilers and pipes.
However, it was later found that if inhaled, the tiny particles can cause cancers. However, asbestos remains in many buildings today, and if disturbed – for example, during DIY or when it is damaged, it can pose a huge risk.
People working in industries such as construction, painters or building inspectors may be at highest risk if they come into contact with asbestos.
Symptoms of mesothelioma
It usually takes many years for symptoms of mesothelioma to develop – with it commonly taking up to two decades after exposure. Some common symptoms include the following:
Symptoms of mesothelioma in the lining of the stomach include:
Mesothelioma how long after exposure will symptoms develop?
It usually takes around 20 years after exposure for symptoms to develop.
How to get tested for mesothelioma
If you have signs and symptoms of mesothelioma, you should contact your healthcare provider.
A doctor will conduct a physical exam to check for any lumps or other unusual signs and may order imaging scans, such as a chest X-ray and a computerized tomography (CT) scan of your chest or abdomen, to look for abnormalities.
What jobs have at the highest risk of mesothelioma?
People working in industries such as construction, building, demolition, painting and decorating, factory workers, firefighters and ship workers may be at risk.
How much compensation for mesothelioma?
If you have developed Mesothelioma after being exposed to asbestos at work, you may be entitled to claim compensation for the damages.
Employers have had a legal duty to reduce and prevent exposure to asbestos since the early 1900s, and employers are under a duty of care to ensure their employees are not put at any foreseeable risk as far as practicable.
The amount of compensation you are awarded will solely be depending on the issues which are medically associated with your asbestos exposure at work.
The claims range for these types of cases can be from a few thousand pounds to hundreds of thousands of pounds.
How to make a mesothelioma claim
If you have read the above and feel that you may be suffering from any of the symptoms whilst exposed to substances at work, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.
To run the majority of personal injury claims, you have to have started the claim within three years of the injury. However, with industrial disease claims it may be that the injury started over some time and was only diagnosed within the last three years. We will be able to clarify this for you.
Further reading
Mesothelioma claims – Oakwood Solicitors
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Natasha Hardy is a Solicitor and Head of the Industrial Disease Department, specialising in Industrial Disease matters and has experience in handling a wide range of cases including claims for Noise-I…
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