If a doctor has diagnosed you or a loved one with an asbestos-related illness, it is essential to understand the concept of third-party liability. Many individuals mistakenly believe they can only seek compensation from their employer. However, in many cases, other parties are also responsible for your injuries.
Additionally, the person who was the victim of direct asbestos exposure is not always the only one who gets sick. In some instances, a family member who was in frequent contact with the exposed person will develop an asbestos-related illness. Often, the person with direct asbestos exposure will bring fibers home with them on their work clothing. Then, a family member continuously around the exposed person (and perhaps doing the laundry) is also at risk of becoming ill.
There have been several cases in the court system that have upheld the principle of third-party liability. If you have developed an illness through proximity to a person who was the victim of direct asbestos exposure, you may have the legal right to financial compensation. Seek a free consultation with an asbestos lawyer to discuss possible liability for your illness.
A Spouse May Seek Compensation After Asbestos Exposure
Olivo v. Owings Illinois was one of the first cases in which a plaintiff sought damages from third-party exposure to asbestos. The family filed a wrongful death lawsuit when a woman died from mesothelioma. Her husband had previously contracted an asbestos-related disease years earlier. He was a steamfitter and welder and worked in the field for 37 years. He was an employee of Exxon and had repeated exposure to asbestos on the job site. He brought asbestos fibers and dust home on his clothing, and his wife breathed them in when she did his laundry.
The family filed a wrongful death lawsuit against both ExxonMobil (who was the owner of the premises) and Owings Corring (who made the asbestos). The lower court dismissed the lawsuit against ExxonMobil, arguing that holding a premises owner liable for something that did not occur on their property was unfair.
The appeals court reversed the decision, stating that Exxon was in the best position to prevent the harm. The appeals court found that the petroleum industry knew for decades that asbestos was a dangerous substance that posed hazards to people who were around it. Thus, the defendant had a duty to take steps to prevent the transmission of asbestos fibers and dust to the wife.
Of course, the manufacturer of the product containing asbestos was also liable for the harm in a product liability lawsuit. The manufacturer owed a duty of care to anyone who might have to breathe in asbestos, even if it was not the person who was the initial party around the toxic substance.
Product Manufacturers May Have Third-Party Liability When Their Products Used Components That Contained Asbestos
Another type of third-party liability may come into play in an asbestos-related lawsuit. Product manufacturers often get sued when the product that they are selling contains asbestos, and the plaintiff develops an illness. Some products rely on components that a third party makes. Thus, a plaintiff can file a lawsuit against the product manufacturer.
For example, such a case made it to the United States Supreme Court. Here, the court held that the manufacturer was liable when it sold a product with third-party components that contained asbestos. According to the Court, a manufacturer must warn customers when they know or should know that the product is dangerous, and the user has no other way to understand the danger.
Why You Need a Mesothelioma Lawyer for Your Case
When you hire a mesothelioma lawyer, they will cast a broad net to determine the best party to sue for your injuries. In many cases, more than one party is likely liable for what happened, and you can hold them all legally responsible, potentially maximizing your compensation.
These cases also remind us that asbestos lawsuits may involve novel legal issues, and defendants do not always accept responsibility for exposure. Even though you may think that liability should be clear in your case, complex legal issues may take years to litigate in the court system. Thus, there may be no such thing as a routine mesothelioma lawsuit.
Besides helping you determine whether you can sue and who the potential defendants are, a mesothelioma attorney also helps you by performing many other tasks on your case, including:
- Investigating your case and gathering evidence that they can use to prove your claims
- Compiling evidence that can prove where you experienced asbestos exposure
- Estimating your damages before you file a claim or lawsuit
- Preparing your claim if you are seeking money from an established trust fund
- Filing a claim or lawsuit on your behalf
- Negotiating a settlement of your lawsuit or trying your case in court
Getting help from a mesothelioma attorney and filing a compensation claim is not difficult. Both your mesothelioma lawyer and the legal system understand that you are seriously ill and likely unable to participate in the legal process fully. Your mesothelioma attorney will make it as easy as possible for you and your family, and they will lead the fight for financial compensation. If there is a wrongful death claim, they will handle the matter sensitively and compassionately while fighting for your family.
Further, a mesothelioma lawyer only gets paid if you win your case and do not owe them a dollar for their time before that point. They work for you on a contingency fee basis, meaning they will receive payment from a percentage of your settlement or jury award. You will not have to pay them if you do not receive compensation.
Seeking legal representation is crucial in asbestos cases, as the laws and regulations surrounding these claims vary by state. An experienced attorney will deal with the legal process and protect your rights every step of the way.
Remember, if you or a loved one is a victim of asbestos exposure, you do not have to face the legal battle alone. Contact a knowledgeable attorney today to discuss your options and pursue the compensation you deserve.
