“Take home” liability continues to generate new plaintiffs, cases, and case law. Such claims are asserted on behalf of claimants that have never set foot on the premises but allegedly were exposed to asbestos through their spouses or others who brought it home on their clothing. They are referenced as “take-home” liability asbestos exposure claims, though they are also commonly referenced as “household,” “bystander,” “secondary,” or “second-hand” exposure claims. The claims are asserted against manufacturers of products allegedly utilized at such premises and against premises owners, and the number of both types of claims is increasing. It is the latter claims that are the subject of this article–the third yearly monograph by the authors on the topic– which will provide a comprehensive overview and update of the status of such claims. [i]

As of the time this article was submitted for publication, courts construing the law of Delaware, Georgia, Iowa, Illinois, Kentucky, Maryland, Michigan, New York, Ohio, Texas, and Washington have held there is no duty owed by a premises owner to a “take-home” claimant. Such holdings constitute the emerging majority rule, with the Supreme Court of Ohio providing the most recent ruling state supreme court ruling on the issue. However, courts construing the law of California, Louisiana, New Jersey, and Tennessee have permitted such claims. There is also a recent Illinois appellate case that permits “take-home” claims under that state’s law, but the case only references “employer” liability, not premises liability, and makes no reference to an earlier Illinois appellate case prohibiting “take-home” claims against premises owners.

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