The World Health Organization estimates that around 125 million workers were exposed to asbestos in the workplace. In addition, it estimates that at least 107,000 people die worldwide from exposure to the substance each year. Those who were exposed to asbestos and are suffering because of it may qualify for compensation through an asbestos exposure lawsuit. Find out if you qualify by contacting our firm today to schedule a free consultation with an experienced asbestos mesothelioma attorney on our team. In this article we will explain the asbestos lawsuit.
If you have ever been exposed to asbestos and developed a serious and deadly disease like mesothelioma or asbestosis from that exposure, you have legal options to seek justice and compensation.
An asbestos lawsuit is complex and, depending on the state you live in, may have a statute of limitations. It is in your best interest to contact a qualified asbestos and mesothelioma attorney to discuss your options. The Carlson Law Firm has more than 40 years of experience helping victims of workplace injuries. An experienced asbestos attorney from our firm will handle your case with compassion and care. We are familiar with the avenues of compensation relevant to your specific situation. Contact our firm for a free consultation. Our firm will advocate for your rights and hold the right parties accountable for your injuries.
What is asbestos?
Asbestos is the name for a group of six fibrous minerals that occur naturally in the environment. Chrysotile, amosite, crocidolite, asbestos alone cause mesothelioma, and anthophyllite are the four most commonly found fibers. The properties in these fibers created a mineral that was exceptionally durable, excellent for insulation, and completely unaffected and fire resistant. Over the past century, the toxic substance was a widely used ingredient in a multitude of different building, insulation, and manufacturing materials.
Asbestos Personal Injury Lawsuits
See below the details of asbestos lawsuit
In most cases, asbestos lawsuits are filed against companies for negligence. This neglect can occur as a result of heavy asbestos exposure and inadequate protection. For example, construction workers can be exposed to asbestos through the disposal of materials during renovations, repairs, and demolition. Your employer is required to provide you with personal respiratory protection.
In other cases, asbestos lawsuits can be brought against companies under product liability law.
Asbestos Negligence Claims
Workers who have suffered lung injuries as a result of negligence must prove three elements:
- the defendant had a duty to protect the worker from asbestos exposure.
- there was a breach of duty.
- breach of duty caused damage.
OSHA requires employers in most states to prevent harm to workers from asbestos. In fact, federal requirements require employers to monitor air quality in situations where asbestos is present.
Asbestos Product Liability Claims
Manufacturers may be liable in cases of asbestos exposure if their products contain asbestos. Asbestos-containing products can be unreasonably dangerous. Additionally, manufacturers may face potential lawsuits if equipment is defective, exposing workers or consumers to asbestos.
Mesothelioma and Asbestos Related Diseases
Mesothelioma is a rare and malignant cancer caused by inhalation of asbestos fibers that lodge in the lining of the lungs, abdomen, and heart. The disease mainly affects people who have worked with products containing asbestos.
A diagnosis of disease such as mesothelioma, lung cancer, or asbestosis is devastating news. In addition, each year thousands of people suffer from diseases related to direct exposure, to the family or to the spectator. The American Cancer Society records about 3,000 new cases of mesothelioma each year in the US.
Asbestos exposure has a strong association with several potentially fatal diseases. The most serious of which is malignant mesothelioma. This aggressive cancer affects the lining of the lungs, heart, abdomen, and other organs. Also, as with all related diseases, it often does not manifest itself for years or even decades after initial exposure.
Because asbestos-related diseases are almost attributable to asbestos exposure, you should tell your doctor about any past exposure, including your work or family history.
Mesothelioma tends to develop 10 to 40 years after asbestos exposure. State laws called statutes of limitations generally give people one to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. But it’s important to act quickly because in some states, including California, Tennessee, and Louisiana, the prescription period is only one year from diagnosis.
If you are suffering from mesothelioma or know someone who is, contact an asbestos exposure and mesothelioma attorney at The Carlson Law Firm right away for a free case evaluation.
Causes of Mesothelioma
Asbestos exposure is the leading cause of mesothelioma cancer. Mesothelioma develops when a person ingests asbestos and causes changes in a person’s DNA. Our genes, which are made of DNA, control how cells grow, multiply, and die. Changes in our genes can cause cells to divide out of control and can lead to cancer.
development of mesothelioma
A person inhales or swallows asbestos fibers in the air.
Asbestos fibers lodge in the lining of the lungs, abdomen, or heart.
The embedded fibers damage the mesothelial cells and cause inflammation.
Over time, tumors begin to form in the damaged mesothelium, which is the lining of the abdomen, lungs, heart, and testicles.
History of asbestos in America
It was during the Industrial Revolution that the newly opened factories expanded the use of this fiber and thus increased the demand for the so-called magic ore. Mines began to appear in the late 19th century due to overwhelming demand. The additional uses sparked interest among the railroad, shipyard, and construction industries. As America expanded, so did the use of this dangerous product. This newly developed interest and demand also attracted the attention of entrepreneurs who saw great potential and the opportunity to get rich.
The widespread use of the toxic substance prevailed in the 20th century. The United States military, the automobile industry, and the construction industry were the main buyers of asbestos. The construction industry considered the substance as a safety product due to its fire-resistant properties. It was used in wall insulation, floor and ceiling tiles, exterior siding, roofing and ceiling tiles, stucco, drywall tape, gaskets, cement pipes, rain gutters, plaster, caulk, and many other construction products.
Products containing asbestos
Although the Environmental Protection Agency first banned certain uses of asbestos in 1973, it is still used in a variety of products but with restricted use. The United States still imports it for specific uses. The Mesothelioma Center reports that asbestos can still be legally found in the following products:
- Cement corrugated sheet
- Cement flat sheet
- Clothing
- pipe wrap
- asphalt fabric
- vinyl tile
- cement tile
- Millboard
- cement pipe
- automatic transmission components
- clutch facings
- friction materials
- disc brake pads
- drum brake linings
- brake blocks
- Gasket
- roof cladding
How has Congress attempted to legislate asbestos?
In the 1960s, Dr. Irving J. Selikoff conclusively linked mesothelioma and lung cancer to asbestos. Dr. Selikoff’s studies provided the evidence needed to counter the politically powerful asbestos industry.
Subsequently, throughout the 1970s and 1980s, federal officials proposed the following legislation in hopes of regulating the use of the toxic substance.
“Clean Air Act of 1970. This Act classified asbestos as a hazardous air pollutant. In addition, it established the power of the EPA to regulate the use and disposal of the product. This law led to a ban on spray-applied asbestos products.
Toxic Substances Control Act (TSCA), 1976. TSCA gave the EPA the authority to place restrictions on hazardous chemicals such as asbestos, radon, and lead-based paint.
Asbestos Hazard Emergency Response Act (AHERA), 1986. Required the EPA to establish standards to inspect and remove the toxic substance in schools.
Asbestos Prohibition and Removal Rule (ABPR), 1989. In July 1989, the EPA issued the ABPR, which planned to impose a total ban on the import, processing, and sale of asbestos-containing products. However, in 1991, the Fifth Circuit Court of Appeals struck down and remanded the rule. As a result, most of the original ban was lifted.
Spray application prohibited. In 1990, the EPA prohibited the spray application of materials containing more than 1 percent asbestos in buildings, structures, pipes, and ducts, unless certain conditions are specified.”
ASBESTOS LEGISLATION in the 2000s
The Murray Act
Since then, there have been several other attempts to outright ban the substance, including the Murray Bill of 2002. The Murray Bill was first introduced as the Asbestos Ban Act in the United States. His intention was to totally ban the product in the United States. If successful, the bill would have banned the import, manufacturing, processing, and distribution of all asbestos-containing products. The bill would have covered all known types of asbestos and fibers with an asbestos-like structure. In addition, the bill would have included:
“Establishment of a network of research and treatment centers, better registration of asbestos-related diseases, and additional research on the causes and cures of mesothelioma and related diseases.
Direct the National Institute for Occupational Safety and Health to review current knowledge about asbestos diseases, health effects, and measurement methods. In addition, NIOSH could have recommended areas of investigation that were missing.
Provide funding for public awareness programs to increase awareness of asbestos and its dangers.”
The Murray act project ultimately lost support as a result of a compromise after the deletion of a sentence. During negotiations to pass the bill, members of Congress struck down a ruling that the ban applied to any product where the substance was deliberately added or there was any trace of the chemical in a product. With the removal of this ruling, the bill was unable to achieve a total ban on the toxic substance.
Where is asbestos found?
Officials from the United States Occupational Safety and Health Administration (OSHA) have said that no toxic substance has had a more damaging effect on public health than asbestos.
From the miners who extracted the ore to the manufacturers who passed their products on to consumers, millions have been at risk of asbestos exposure. From 1940 to 1970, workplace exposure affected an estimated 27.5 million people. In many cases, companies intentionally withheld exposure hazards from unsuspecting workers.
For example, the companies and manufacturers that deal with these fibrous crystals have known for nearly a century that inhalation of these fibers is associated with several debilitating and often fatal asbestos-related diseases. The exposure affected thousands of unsuspecting workers daily. As a result, this dangerous carcinogen was in abundance while they worked in factories, mills, railroads, and other industrial occupations, often bringing the fibers into the home and unknowingly exposing their family to household exposure.
Due to the conditions, almost no one who worked in a manufacturing job was safe from exposure. However, their families weren’t sure either. Employees have brought contaminated clothing from the workplace into the family home, exposing family members to asbestos.
For decades, manufacturers have chosen the benefits over people’s health by continuing to manufacture, distribute and supply products containing asbestos.
Previous uses of some of the products that used the material include:
- manufactured goods
- roof tiles
- roof and tiles
- paper products
- cement products
- automobile clutches
- automatic brakes
- Vehicle Transmission Parts
- heat resistant fabrics
- Packaging
- boards
- Coatings
Exposures frequently occur in the following industries:
- Military personnel
- electricians
- metal workers
- chemical plant workers
- plumbers
- Contractors
- sheet metal workers
- power plant workers
- Pipefitters
- pipeline workers
- Oil refinery workers
- Boilermakers
- Firemen
- machinists
second hand exhibition
Asbestos cancer can be very disconcerting for someone suffering from mesothelioma. This is particularly true for those who can’t remember ever working in a toxic environment. These people often feel like they don’t have a case because they can’t remember how or when the exposure occurred. However, since mesothelioma is only caused by asbestos , these people must have been exposed to asbestos at some point.
In fact, mesothelioma can be caused by second hand exposure to the toxic substance. Workers handling these products often carried the microscopic fibers in their hair, shoes, and clothing home. There have been many cases of exposure to a woman washing her husband’s work clothes. Similarly, children are exposed to risk; even a simple hug with the child’s father after she returned from work could cause future asbestos-related illnesses in the child.
Exposure in military service members
Veterans from every branch of the United States military have offered courageous and selfless service to the country. Unfortunately, while performing specific tasks, many veterans were exposed to asbestos, which is a toxic and carcinogenic substance. It was in wide use on ships and other military vessels before the federal ban in 1979. When a person inhales the mineral’s fibers, it can cause permanent damage to a person’s lungs. Mesothelioma is a rare and aggressive form of cancer that science links to mesothelioma exposure. However, because it takes decades to diagnose the condition, there is usually little that can be done to identify the source of exposure.
For veterans who are diagnosed with mesothelioma, it is often easier to determine the source of exposure, since many specific duties placed servicemen and women in direct contact with the toxic substance.
Serving the country in the military carries inherent risks. However, many veterans were unknowingly exposed to hidden dangers when working in specific capacities where this dangerous fiber was present. If you worked in one of the following areas, you are at higher risk of asbestos exposure than other areas:
- Pipelines
- drywall
- Naval building
- Cladding and tiles
If you were exposed to asbestos during your time in the military, it is important that you contact an experienced asbestos exposure and mesothelioma attorney as soon as possible. An experienced asbestos attorney from our firm will handle your case with compassion and care.
How did asbestos exposure occur in the US Navy?
Nearly a third of people who develop mesothelioma are veterans. Additionally, most former military personnel with the disease have a Navy service record. Asbestos products cover US Navy ships from stem to stern. Although ships were built with the product for its effective fire-retardant qualities, they also expose everyone on board to the toxic material.
The worst areas for service member exposure were the compartments below decks. For example, asbestos paint covered boiler rooms, engine rooms, ammunition storage rooms, mess halls, and bedrooms. As a result of aging boats, this paint flakes off and the fiber becomes airborne. Consequently, anyone on board has likely inhaled the toxic substance.
What types of asbestos exposures affected the Marine Corps?
Marines were also incredibly vulnerable to asbestos exposure. The toxic substance coated armored vehicles, planes and ships that provided transportation to battle zones. Additionally, the bases where they lived and trained were also covered in the toxic chemical.
Marine mechanics and repairmen were among the service members who unknowingly worked with crumbling asbestos. For that reason, service members in these positions often risked the greatest exposure to the form of dust and airborne particles.
How did asbestos exposure occur in the military?
Asbestos exposure occurred for military service members during the 20th century, primarily in buildings where they ate, slept, and worked. In many of these buildings, the substance covered pipes, floors, roofing materials, as well as insulation and cement foundations.
Although the use of asbestos in new construction ended in the late 1970s, the substance remained in Army installations decades later. Over several decades, 32 military bases were closed and on the Environmental Protection Agency’s Superfund list of the worst toxic waste sites. The bases required an estimated $1 billion environmental cleanup.
Air Force Exhibition
Like all other branches of the military, the military and women of the US Air Force flew planes that used asbestos as insulation. The substance provided much-needed thermal protection in the cabin, heat shields, and general insulation. Similar to mechanics in all five branches, mechanics had the highest risk of inhaling fibers. Pilots were also at greater risk because they were sitting in cockpits covered in the substance.
United States Coast Guard Exhibit
Coast Guard members’ exposure to asbestos is due to the fact that manufacturers used the substance liberally for much of the 20th century. In particular, there has been some concern about the dangers of asbestos since World War II. However, due to the pressing threat of ship fires, the builders ignored the concerns due to the benefits of the substances. As a result, gaskets, boiler room equipment, pumps, turbines, electrical insulation, pipes and pipelines contained the product. Asbestos fiber was even woven through the ropes used on ships. Ships weren’t the only place where exposure occurred,
In recent years, the Coast Guard has taken additional steps to protect its members from asbestos exposure. For example, members moving into any structure built before 1981 must sign an Environmental Health Hazard Disclosure Agreement with the Coast Guard.
Frequently Asked Questions Related to the Asbestos Lawsuit
How long do you have to be exposed to asbestos to get mesothelioma?
There is no magic number when it comes to exposure. However, research shows that prolonged or constant exposure to the toxic substance can lead to mesothelioma.
Is there a way to treat asbestos exposure?
No, unfortunately, there is no way to treat someone who is already exposed to the toxic substance. The fibers are extremely difficult to remove from the body and there is no known medical procedure available to remedy the situation. The best treatment for exposure is prevention.
Where do I file an asbestos exposure mesothelioma lawsuit?
You can file an exposure claim anywhere in the United States. Your attorney can help you better determine the proper venue for your claim for a favorable outcome.
How much time passes between exposure and diagnosis?
The latency period from the time of exposure to the time of diagnosis is usually 10 to 50 years. The statute of limitations generally allows one to six years after the discovery of the illness to initiate a claim. Also, the state where your exposure occurred determines the statute of limitations in your case.
Choosing an Asbestos and Mesothelioma Exposure Lawyer
The selection of the best legal team is essential to increase the chances of a favorable result. You need an attorney who has real-world experience working with asbestos victims. The laws governing these cases are different from state to state and can be complicated. They are different from those that govern other types of personal injury.
Be sure to ask about references and testimonials. You want to see that your attorney not only has experience, but also a proven track record of winning cases for clients. You want an attorney that other clients have been satisfied with and that makes you feel good about your prospects. It’s also important to choose someone who you think has your best interests in mind and makes you feel comfortable.
How an Asbestos Exposure Lawyer Can Help
Contact an asbestos attorney at The Carlson Law Firm today for a free case evaluation.
Asbestos-related disease cases come with complications unique to the disease. Because symptoms don’t show up for decades, it can be difficult to track down the companies responsible for your pain. If a company no longer exists or operates under a different name, filing a lawsuit is not impossible, but it is not easy for someone who has no experience in bringing these cases to trial. A mesothelioma attorney at The Carlson Law Firm understands how these cases work and how to go after the right parties for compensation.
We hope you have understood the asbestos lawsuit along with its different aspects.
