PSI Energy v. Roberts: Insulator develops mesothelioma, but who is to blame?

In this section of the Opinion in PSI Energy v. Roberts, the premise of whether a landowner is responsible for the physical harm of an insulator employee who developed mesothelioma.

In this case, a landowner would be liable for physical harm to Mr. Roberts, by a condition on its property, if Plaintiffs prove each of the following:

The landowner knew or by the exercise of reasonable care should have discovered the condition, and should have realized that it involved an unreasonable risk of harm to Mr. Roberts;

The landowner should have expected that Mr. Roberts would not discover or realize the danger, or would fail to protect himself against it;

The landowner failed to exercise reasonable care to protect Mr. Roberts against the danger; and

The Landowners’ breach proximately caused Mr. Roberts’ disease.

Courtesy of the Indiana Court of Appeals and the State of Indiana

Other helpful links:

Asbestos Asbestos
Asbestos and lung cancer Asbestos and lung cancer
Mesothelioma attorney Mesothelioma attorney
Mesothelioma Lawyer Mesothelioma lawyer
Asbestos attorney Asbestos attorney