Peculiar Risk Doctrine Doesn't Apply to Contractor's Employee in Asbestos Case, Court Finds

WILMINGTON, Del. - A premises owner does not owe an employee of an independent contractor a duty under the peculiar risk doctrine where it cannot be shown that the claims of the employee, who was injured by asbestos exposure, are preserved under the doctrine, and where there is adequate remedy for the injured claimant under workers' compensation laws, a court in Delaware has held. In Re Carl Roca v. E.I. du Pont de Nemours and Co., No. 01C-10-063-ASB (Del. Super. Ct., New Castle Cty.).

That was the conclusion reached Sept. 3 by the New Castle County Superior Court, which had …