On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have known that an employee’s clothing dusted with asbestos could be handled by others, the employer owed a duty of care to those other people. Recognizing that the impact of this decision on tort law and business litigation in general will extend beyond the asbestos claims at issue in the case, the dissent warned that after this decision, “no one will be able to predict who else among the host of possible targets will be subjected to this novel theory of liability.”

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