The defense identifies other exposure sources including different employers, other manufacturers' products, environmental exposure, and non-occupational sources. It may defeat causation entirely or support apportionment.
It relies on complete work history and trust claim disclosure.
Alternative Names:
Other Exposure Defense, Alternative Source Defense
Why it Matters?
Work history reconstruction and trust claim filings are the two evidence sources that make this defense work, since both identify exposures the claimant's trial presentation omits. In asbestos litigation a claimant may have filed against a dozen bankrupt entities while telling a jury the remaining solvent defendant was the primary source. Establishing the full exposure profile is the necessary predicate to any apportionment argument.
Frequently Confused with
Related terms
Frequently asked questions
What evidence supports the defense?
Does it defeat causation or reduce it?
