Asbestos Liability: Everything You Need To Know

asbestos liability

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  • Unfortunately, asbestos-related diseases such as mesothelioma are rising daily, yet all asbestos-related injuries are preventable.

    The root of most asbestos exposure is getting into contact with toxic fibers while working or handling products with asbestos contamination.

    Asbestos fibers can be breathed in or get stuck on clothing, which are common ways that someone can gain enough exposure for it to become a problem down the road.

    Those who work in industries such as automotive, manufacturing, mining, firefighting, construction, roofing, asphalt, and several other trades are more likely to encounter asbestos on the job. Exposure leads to serious health conditions such as mesothelioma, lung cancer, asbestosis, and pleural disease. 

    Although asbestos-related injuries take time to develop after coming into contact with the toxic fibers, treatment costs quickly pile after diagnosis of the diseases. A national law firm can bring to account the people liable for the asbestos exposure and file for compensation.

    Due to the lack of an asbestos compensation program, most people diagnosed with mesothelioma have to rely on legal help to get compensation.

    How Is Asbestos Liability Determined?

    Three main theories form the basis of all asbestos liability. They include

    • Negligence
    • Strict liability
    • Breach of warranty

    Negligence

    For a negligence claim to prevail, the plaintiff must prove

    • The defendant had a legal duty to the plaintiff,
    • The defendant’s negligence resulted in the plaintiff’s injuries
    • The injury led to the plaintiff’s damage

    The plaintiff must provide sufficient proof that injuries or the disease were due to asbestos exposure.

    Strict Liability

    Under strict liability, the plaintiff must not provide proof of the defendant’s negligence to get compensation. If the material was inherently harmful, that is enough proof that the defendant violated its duty.

    Breach of Warranty

    The manufacturers can be held liable for breaching an implied safety warranty by developing unsafe products that cause cancer. Liability occurs when an asbestos product manufacturer makes a claim that attracts people to buy a product, only for the claim to be untrue.

    For instance, if an asbestos maker claims that an asbestos product is safe and the product turns out to be harmful, the product maker can be held liable to someone who got injured for taking the claim as accurate.

    Compensation for Asbestos Liability

    Lawsuit settlements usually offer excellent chances for sizeable compensation. A patient may get compensation for asbestos-related damages such as medical costs, lost wages, pain and suffering, and traveling expenses while getting treatment.  

    The plaintiff must prove the defendant’s liability or seek a settlement if the plaintiff has a good liability case. Note that liability for verifying asbestos-related diseases, like mesothelioma that happened long ago, takes longer than the work-related injuries that occur in the recent past.
    Always consult a national law firm about your case

    Mass Torts and Class Action Lawsuits

    Asbestos lawsuits are referred to as ‘mass torts’ for a reason. A single action by a defender can result in harm to very many people. When cases are against a common defendant, the court can merge the injured people’s multiple lawsuits for quick processing and save on time.
    A group of people with the same cases can join and file a class-action lawsuit. It is an efficient way of handling multiple claims in one lawsuit.

    Now You Know

    If you have an asbestos-related claim but do not know how to go about it, a national law firm will help you get the compensation due to you. It has the financial might to take on big companies and corporations liable for your injuries or death of a loved one.

    Image Credit: asbestos liability by Pixabay

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