Bills/Rights of Relatives to Damages (Mesothelioma) (Sco

SP Bill 75

Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill

Full BillStage 3
Type: Executive
Cathy

Scottish Labour

# Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill Mesothelioma is a fatal cancer caused by exposure to asbestos, and many Scots contracted the disease through occupational exposure in industries such as shipbuilding, construction, and manufacturing. At the time this bill was introduced, Scottish relatives of mesothelioma victims faced a significant legal barrier: they were unable to claim damages from the deceased's employer or other responsible parties, even though the victim themselves could have pursued such a claim had they lived. This created an inequity compared with other fatal injury cases, where family members could claim loss of support and services. The bill aimed to address this injustice by extending the right to sue for damages to the relatives of mesothelioma sufferers. The bill introduced a legal mechanism allowing the relatives of deceased mesothelioma victims to raise actions for damages against employers or other parties whose negligence or breach of duty caused the asbestos exposure. The provisions enabled claims for losses such as lost financial support, loss of services, and other consequential harms flowing from the victim's death. This brought mesothelioma cases into line with other fatal accident claims under Scottish law, providing a remedy previously unavailable to grieving families. The bill represented a targeted response to the specific epidemiology and circumstances of asbestos-related deaths in Scotland's industrial heritage.

AI-generated summary

Parliamentary Progress

Introduced

27 September 2006

Stage 1

1 February 2007

Stage 2

21 February 2007

Stage 3

21 March 2007

Debate

Register to request a debate.
View on parliament.scot

Data sourced from parliament.scot