FINCANTIERI SPA MUST BE RESPONSIBLE FOR THE DEATH OF A WORKER, AS WELL AS FOR DIRECT EXPOSURE TO ASBESTOS, ALSO FOR DOMESTIC EXPOSURE DUE TO THE FATHER’S WORK
«This is a historic ruling because it recognizes maxi compensation for family members, and, in addition to professional exposure, for the first time domestic exposure was also found, because the father who worked on the same construction site also died from mesothelioma. A significant milestone towards justice for asbestos victims.” Thus the lawyer. Ezio Bonanni following the ruling of Court of Torre Annunziata which he condemned Fincantieri Spa for the death of a worker exposed to asbestos.
“who (Fincantieri Spa) were also responsible for Mr.’s domestic exposure to asbestos. …, since birth, on 24 July 1961, due to contamination of the family environment, due to the father’s work, …, from 1 April 1952 to 31 December 1988, at the same Fincantieri shipyard in Castellammare di Stabia”, reads the sentence.
The father, without a disposable suit, he returned home with contaminated hair and clothesas he couldn’t shower at work. Work clothes were washed at home, further contributing to household contamination.
The link between exposure and the onset of pleural mesothelioma is recognised
The man worked as a shipyard worker from November 26, 1977 to November 30, 1981 at the factory in Castellammare di Stabia. During this period, he worked as a sandblaster, floor layer, painter and labourer, in an environment seriously contaminated by asbestos.
Since the 1960s, asbestos was present in every sector of shipyards. For workers, exposure to killer fibres, found in the insulation, pipes, walls, engine compartment and even in the bunks of both military and civilian ships, was therefore inevitable.
The CTU’s report revealed that the worker handled friable asbestos in rooms without ventilation systems, without masks or disposable overalls. These protective devices could have prevented inhalation of dust. The link between exposure and the onset of pleural mesothelioma was thus recognised.
The diagnosis of the Office Technical Consultant
“The work carried out as a worker at Fincantieri Spa, approximately forty years before the onset of the disease, is to be considered a sufficient factor in itself to produce the event which occurred, as also ascertained by occupational medicine consultancy carried out during life… and the period of work of the person cited may fall within the actual latency period of the pathology… The disease indicated in the appeal is certainly a malignant pathology caused by exposure to asbestos”, reports the expert witness in the court’s dispositive.
On October 3, 2018, Mr. … received a certain diagnosis of pleural mesothelioma of the sarcomatoid type. At the same time, he also received an unfortunate prognosis at just 57 years of age, with the prospect of serious physical and moral suffering. The symptoms already present compromised normal family life. He passed away on April 4, 2019.
A joint responsibility
The shipbuilding company had attempted to plead the lack of passive legitimacy, since the deceased had not worked for Fincantieri Spa but as an employee of the contracted ARTI company.
However, the judge of the Court of Torre Annunziata, Dr. writes. Rosa MolèThat “indeed, when a damage for which compensation is requested is caused by several subjects, each of whom with their own conduct contributes to the production of the harmful event, there is joint liability pursuant to Article 1294 of the Civil Code, between all of them… ”
Fincantieri, therefore, must now compensate the family members, assisted by the president of the National Asbestos Observatory, lawyer. Ezio Bonannifor an amount of approximately 1 million euros.