State Courts Move to Dismiss “Every Exposure” Libaility Theory in Asbestos Lawsuits
In the recent past, the “every exposure” or “single fiber” theory was a common means of imposing unwarranted liability upon exposure defendants in asbestos lawsuits. At its core, the “every exposure” theory enabled asbestos plaintiffs to impose liability on any defendant whose alleged contribution to a plaintiff’s lifetime asbestos exposure was literally only a “single fiber.” In Betz v. Pneumo-Abex, the Pennsylvania Supreme Court rejected the “every exposure” theory as a means of establishing causation in asbestos litigation. In four opinions issued since late July 2013, appellate courts in both Pennsylvania and Maryland have joined a growing number of courts nationwide in uniformly accepting Betz‘s holding that the “every exposure” theory has no place in modern toxic tort litigation. There should be no further debate that the “every exposure” theory is legally invalid, and has no place in an asbestos personal injury lawsuit.