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Many recycled electronics can contain hazardous materials such as lead, cadmium and other toxic metals. niosh has also found conditions that can lead to "take-home" exposures; for example, in some e-scrap recycling facilities the employees did not have access to showers or work uniforms.
Rulings involving take-home asbestos duty vary state-by-state. Trends often depend on whether the plaintiff brings a suit against a premises owner or a product manufacturer.
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A number of courts have recently addressed the issue of whether a duty is owed to a plaintiff secondarily exposed to a toxic substance In its response, the Supreme Court declined to "create an abstract bright-line rule at this time as to ‘who’s in and who’s out’ on a negligence-based take-home.
ity of courts do not recognize take-home exposure claims. These "no duty" courts have generally found that a duty does not exist because of the lack of foreseeability and have based their foreseeability deter-mination on the failure of the evidence to demonstrate that at the relevant time, employers.
The District Court, in adopting the Magistrate’s recommendations, held that “Colorado courts would not automatically and without regard to factual development reject Plaintiffs’ take-home exposure.
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
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Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. Although the Colorado Supreme Court has not yet recognized take-home exposure liability, Mestas, can now be used to support future plaintiff’s take.