PSI Energy v. Roberts Mesothelioma Case: Analysis of Premises Liability

Read the Opinion in PSI Energy v. Roberts, in which the theory of premises liability is discussed. Roberts, an insulator by trade, was exposed to asbestos in his workplace, and was ultimately diagnosed with mesothelioma.

Roberts’s premises liability theory was based upon evidence that, in addition to the work ACandS and Roberts performed with and upon asbestos containing materials, PSI’s employees engaged in conduct that caused asbestos to become airborne in areas that Roberts was working, adding to the asbestos exposure Roberts encountered through his own work.

Specifically, Roberts spent most of the 1960’s and 1970’s working in PSI’s generating stations. While Roberts worked in the plants, PSI employees often removed and disposed of asbestos insulation and caused asbestos dust in the areas where Roberts worked.

Asbestos insulation materials were commonly found lying around on the floor in the PSI plants. While the insulation was lying on the floor, it was broken up and spread to lower floors through the vast areas of grating, which acted like a “cheese grater,” and resulted in more asbestos exposure to Roberts. Transcript at 2783-2784.

Although, generally, a landowner has “no duty to furnish the employees of an independent contractor a safe place to work in the broad sense as the phrase is applied to an employer,” the landowner is under a duty to keep the property in a reasonably safe condition for business invitees, including employees of independent contractors.

Merrill v. Knauf Fiber Glass GmbH, 771 N.E.2d 1258, 1264-1265 (Ind. Ct. App. 2002), trans. denied; see Burrell v. Meads, 569 N.E.2d 637, 639 (Ind. 1991) (“A landowner owes the highest duty to an invitee: a duty to exercise reasonable care for his protection while he is on the landowner’s premises.”), reh’g denied; see also Zawacki v. U.S.X., 750 N.E.2d 410, 414 (Ind. Ct. App. 2001)

(A “landowner is liable for reasonably foreseeable injuries to a contractor’s employee caused by hazardous instrumentalities maintained by the landowner on the landowner’s premises), trans. denied.

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

Other helpful links:

Asbestos Asbestos
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