Asbestos Premises Defendants Escape Strict Liability, Must Face Direct Negligence Claims, La. Judge Rules

NEW ORLEANS — An asbestos plaintiff’s direct negligence claims against three premises owners have survived summary judgment in Louisiana after a federal judge ruled there is sufficient evidence the defendants breached a duty owed to an independent contractor working at their facilities.

In an Oct. 1 opinion, Judge Carl R. Barbier of the U.S. District Court for the Eastern District of Louisiana ruled that although the direct negligence claims could proceed, the defendants cannot be held strictly liable for the plaintiff’s injuries because, as property owners, they did not have custody of the asbestos at the time the alleged exposure …