Victims of asbestos exposure and their surviving dependants achieved a victory on Tuesday when the European Court of Human Rights overruled a decision by Switzerland’s highest instance, which had restricted their right to seek compensation.
Swiss courts had previously turned down claims from victims on the grounds that they had filed their lawsuits much more than 10 years from their last contact with the fibrous mineral, and were thus outside the country’s statute of limitations.
Hans Moor, who inhaled asbestos dust during his work at an engineering factory in the period between 1965 and 1978, was diagnosed with cancer caused by asbestos in 2004 and died the following year.
The factory was subsequently taken over by ABB and later by Alstom. The lawyer for Moor’s widow and daughters filed a suit against Alstom Switzerland, claiming that it had failed to protect Moor. Alstom has already had to compensate victims abroad who are not affected by the Swiss statute of limitations.
Und the Swiss regulations, Moor would have had to claim compensation in 1988, or 16 years before his cancer was diagnosed.
ʻNot permissibleʼ
The court in Strasbourg ruled by six to one in favour of Moor’s family, saying that that the way Switzerland was dealing with the statutes of limitations was not permissible.
Switzerland can now take the case to the court’s Grand Chamber if it wishes to challenge it. Should the ruling be confirmed, the Swiss practice will have to be changed
More than 1,300 people have died in Switzerland as a result of having inhaled asbestos fibres, and it is estimated that at least as many will die over the next years as a result of the fibrous mineral.
Asbestos becomes dangerous when the fibres are inhaled. They apparently stay in the lung tissue for ever, triggering inflammation – and only decades later malignant tumours.