PSI Energy v. Roberts: Premises Defendant Theory in Mesothelioma Diagnosis

Can a premises defendant be deemed to have breached their duty to Roberts in this case? Read more from the PSI Energy v. Roberts, in which Roberts’ exposure to asbestos caused his mesothelioma.

Appellant’s Appendix at 199. In conjunction with Final Instruction 18, Final Instruction 19 provides that:

In determining whether a Premises Defendant breached its duty to Mr. Roberts when he was present on the landowner’s premises as an employee of an independent contractor it is appropriate to take into account the comparative knowledge of the Premises Defendant and Mr. Roberts.

A Premises Defendant is not liable to Mr. Roberts for physical harm caused to him by any activity or condition on the land whose danger is known or obvious to him, unless the Premises Defendant should anticipate the harm despite such knowledge or obviousness.

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