Fixing Liability
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PIERS historical data can supply the evidence needed in asbestos cases where the claim of injury is made years — or decades — after exposure.
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The plaintiff recalled — rightly — the dust from the bags of asbestos he'd haul up from the holds of ships of a certain freight line back in the 1950s. He thought his exposure to airborne particles of the mineral when he was a stevedore all those decades ago was responsible for his mesothelioma now - and he is very probably correct.
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But he was mistaken in remembering a well-known corporate logo on the bags of asbestos.
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"PIERS was able to provide the corporation's defense attorneys with detailed historical data on shipments to the port at the time in question," says PIERS consultant Wael Jarous. "The evidence was clear: The corporation's products were not shipped to that port. The corporation could not be held liable for this plaintiff's illness."
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Jarous is often called upon to supply PIERS trade data for use in product liability and toxic tort cases. Another recent example: A contractor's claim that a worksite was asbestos-free was refuted by shipping records showing when asbestos entered the stream of materials for the project. "We just had to go further back in the supply chain," he explains.
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"PIERS data is accepted as authoritative evidence in court," Jarous says. "Our historical data is especially useful in cases where many years elapse between exposure and injury, and exposure may have been from several sources."
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