What is the most common form of tort liability in asbestos work?

In the context of asbestos work, negligence is the most prevalent form of tort liability. This theory focuses on whether a party failed to exercise the appropriate standard of care, leading to harm or injury to another person. In asbestos-related cases, this often pertains to a failure to adequately protect workers and others from exposure to asbestos, which can result in serious health issues over time, such as asbestosis, lung cancer, and mesothelioma.

Negligence can manifest in various ways, such as not following safety regulations, failing to provide proper training for handling asbestos, or neglecting to identify and address hazardous conditions. The courts typically evaluate whether the responsible party acted in a way that a reasonable person would have, and whether their actions directly resulted in harm.

In contrast, other forms of tort liability like fraud or intentional harm typically involve a higher threshold for proving intent or deceit, making them less common in cases primarily concerning occupational exposure to asbestos. Incompetence, while relevant in assessing performance, does not fit as a standalone tort liability in the context of asbestos work, which primarily revolves around negligence and the duty of care owed to workers and the public. Thus, negligence stands out as the most applicable and relevant form of liability in these situations.