A woman has recovered substantial damages after playing “snowball” fights with asbestos dust outside a North East factory.

Caroline Wilcock, now a London based fashion designer, brought a claim against the Cape company after developing mesothelioma.  She developed this rare lung cancer as a result of being exposed to asbestos fibres which were present in the dust outside the Cape factory in Bowburn, County Durham.

Liability was disputed, however shortly before the case was due to be heard at the High Court a settlement was reached for an undisclosed sum.

Although the settlement was “out of court” it may clear the way for other compensation claims from those who were exposed to asbestos in the vicinity of the Cape asbestos factory.

Cape ran the factory in Bowburn from 1967 until the mid 1980s.

It is alleged that they failed to protect the local inhabitants who recalled that asbestos dust regularly coated cars and windowsills like snow.

Children threw asbestos “snowballs” or scavenged lumps which they used as “chalk” for hopscotch.

The claim confirms that companies not only owe a duty of care to those working for them but also to others in the local community who may be in danger from exposure to asbestos.