The District Court of Appeal of the State of Florida for the Fourth District rejected the “every fiber theory” in an opinion issued on September 14, 2016.  The plaintiff in the underlying case presented an expert that opined “every exposure” above background levels to friable, inhaled asbestos would be considered a substantial contributing factor to the alleged mesothelioma.   

However, the Florida appeals court held that the theory that “every asbestos exposure level above background level is a substantially contributing factor has been rejected by courts as insufficiently supported by data or testing…”  In rejecting the every fiber theory, the court relied upon prior decisions from Illinois, North Carolina, Louisiana, Utah, and California cases.

The decision is another holding that rejects the every fiber theory.