The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v. Superior Court and Haver v. BNSF Railway Co. matters, the Court stated:

Analysis
The Court held that “an employer’s or property owner’s duty to prevent take-home exposure extends only to members of a worker’s household, i.e., persons who live with the worker and are thus foreseeable in close and sustained contact with the worker over a significant period of time.”