In personal injury law, asbestos liability is uniquely complicated and important. This small primer explains what it means, how it is determined, and who can be held accountable for asbestos-related injuries.
Talk to an Asbestos Lawyer about Employer Liability
You can also understand liability better by speaking to an asbestos lawyer in Chicago. They can help maximize your compensation if you were exposed to asbestos and have been diagnosed with an asbestos-related disease because of an employer’s negligence.
What is Asbestos Liability?
At its core, asbestos liability refers to a company’s legal responsibility for the harm caused by exposure to asbestos. When a court finds a company liable for injuries related to this substance, the injured person may be entitled to compensation. This concept is significant because thousands of individuals are diagnosed with mesothelioma and other diseases caused by asbestos each year.
What makes these cases especially tragic is that they are completely preventable. It is often possible to attribute blame for the resulting injuries on those who exposed people to dangers like asbestos when it shouldn’t have happened in the first place.
Occupational Exposure Rates
It should be noted that almost all of the lawsuits concerning asbestos arise from occupational exposure. One 2023 industry report reveals that an overwhelming 99 percent of all-time filed claims involve some degree of work-related contact with this hazardous material. This statistic highlights just how big an influence working conditions have on health problems linked to asbestosis and similar illnesses.
Secondary Contact
Nevertheless, employees are not the only ones at risk; secondhand or bystander exposure can also occur when individuals come into contact with the carcinogenic fibers when brought home on clothes or transported on tools.
Non-Occupational Exposure
Some patients may file lawsuits related to asbestos exposure in consumer goods like talcum powder. These non-occupational filings account for about one percent of the claims that are not occupational in nature.
Establishing Asbestos Liability
Asbestos lawsuits usually proceed under one or more theories: negligence, strict liability, or breach of warranty – depending on applicable state laws which vary across jurisdictions but generally follow common principles in tort law.
Typically, a plaintiff must prove that either a defendant was at fault (i.e., liability) or convince them that settling would be wise given the strength of their own case (i.e., evidence). This can pose challenges, especially where there has been a long latency period between exposure and diagnosis – such as in mesothelioma claims.
That’s why an asbestos-related diagnosis should be discussed with an asbestos attorney – someone who can investigate the source of your exposure and hold the right parties responsible.
The Legal Difficulty with Long Latency Periods
Diseases linked to asbestos have one unique characteristic – it takes a long time (or decades) before the patient shows symptoms after the first contact with asbestos. For instance, in the case of mesothelioma, this interval could extend up to six decades, which makes it harder to prove. Many times, in these cases, a lawsuit is filed against the manufacturer who produced the asbestos-containing products.
Given the intricacies involved here, seeking legal advice from an experienced law firm – a firm that deals specifically with mesothelioma would be prudent when faced by this dilemma.
Legal Components of Asbestos Liability Cases
Negligence
Negligence is one common theory used in asbestos litigation. It refers to a failure to take reasonable care or act as expected under certain situations.
For a negligence claim to succeed, four main elements must generally be proven by the claimant:
- Duty – The defendant owed duty of care towards the plaintiff.
- Breach – The defendant breached that duty through his/her actions/omissions.
- Causation – There exists a causal link between the breach and injury stated by the plaintiff.
- Damages – The plaintiff suffered harm (physical/emotional/financial).
Among these elements, causation is the hardest to prove. The burden of proof rests on the plaintiff’s ability to demonstrate that their exposure to an asbestos product significantly contributed towards contracting the disease.
Frequently, this means showing how often the plaintiff was exposed, for how long, and in what proximity they were working with or around asbestos materials.
Strict Liability
There are times when establishing negligence becomes tough. In these instances, a complainant may opt for the strict liability theory. Though it requires similar evidence as negligence claims, there are two distinct differences:
- There is no need to establish negligence on the defendant’s part before claiming damages. For example, if the dangerousness of a substance is shown to prove a breach by the defendant, then a lack of care won’t have an effect on the duty owed towards the claimant.
- If the defendant is a commercial supplier, it creates a legal duty owed directly to the plaintiff, which means even companies involved in manufacturing or selling the asbestos product can be held accountable.
In this case, there may have been a breach of the defendant’s duty, such as failing to provide warnings about the potential risks associated with the use of their product due to the presence of asbestos.
Breach Of Warranty
Companies can also be held accountable for breaching either an implied or express warranty on an asbestos product. Implied warranties generally guarantee that a product is safe and fit to use for the intended purpose.
Express warranties involve specific promises made by the seller. Promises may include ensuring a product is safe to use. If a producer or seller makes statements that encourage a consumer to buy the product but the consumer gets injured, the defendant has breached the warranty or falsely represented the product.
Besides Employers, Who Can Be Held Liable For Asbestos Exposure? (Examples of Accountable Parties Including Employers)
Determining who is responsible for causing someone’s exposure to asbestos can sometimes prove difficult if multiple sources are involved.
Moreover, most asbestos exposure lawsuits have more than one defendant involved. Therefore, any number of defendants may be found guilty. Plus different states have their own rules on how liability among several defendants should be apportioned.
Along with citing employers directly, below are examples of individuals or entities that may face accountability – to employees and the public at large.
- Employers
- Employers are required by law to ensure safe working conditions for their employees. They should warn workers about the asbestos-related hazards and train them on the safety precautions and processes when handling the products.
- Failure to do so amounts to liability on the employer’s part. It should also be noted that even local authorities may face lawsuits if they don’t properly manage removals and contaminants within municipal buildings.
- If an employer does not take the required measures in cases concerning removal, or tries to take shortcuts, they can also be sued and incarcerated.
- Mining companies
- In the U.S., numerous states had active mines where asbestos was extracted, with the last American mine closing down in 2002.
- Liability is attached to mining firms that overlook safety measures. In these cases, they failed to warn employees and the public about the dangers associated with working with or residing near sites with high levels of airborne asbestos.
- For example, miners at the mine in Libby, Montana, successfully sued W.R Grace over their related injuries, and Montana residents sued the State of Montana over the lack of a proper warning;
- Asbestos product manufacturers
- Parties who manufacture industrial, commercial, and consumer goods incorporating components made from asbestos can also be held legally liable. They can be sued if they neglect to provide sufficient information about the risks involved when using asbestos products among workers or the general population.
- Courts across the United States have consistently held the view that the duty rests on producers to ensure adequate warnings regarding the hazardous nature posed by asbestos materials.
- Distributors and installers of asbestos
- Many companies have been found to be liable, by the courts, for supplying or installing asbestos-containing materials. These claims usually involve negligence because of a failure to put adequate safety measures into place or not providing employees with protective clothing, personal protective equipment, and gear.
- Owners with properties contaminated with asbestos
- Property owners have a duty towards making sure that people who enter their premises remain safe from any potential harm, including risks emanating from an exposure to hazardous substances like asbestos Precautions typically include hiring a certified company, whenever a need arises, for abatement control and services.
Receive the Legal Advocacy You Need Now – Contact an Asbestos Lawyer to Learn More About Your Rights Today
Asbestos liability is not something that is confined to an employer. It may also involve the accountability of another party, such as a manufacturer, distributor, property owner, or installer. That’s why you should consult with an asbestos attorney if you’re diagnosed with an asbestos-related disease. They can help you understand your rights and hold the proper parties responsible for exposure and an asbestos-related disease. Do not delay in getting the help you need, contact an experienced asbestos attorney now.
