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In the past century, millions of people were exposed to harmful, airborne asbestos fibers in industrial settings and through the use of asbestos-containing products and construction materials. The dangerous, often fatal, diseases from breathing or ingesting asbestos fibers do not develop for many years. People exposed decades ago are developing asbestos-induced illnesses like mesothelioma and asbestosis today.
If you have an asbestos related disease, an experienced attorney can advise you about your legal remedies.
Potential Asbestos Lawsuits
Asbestos lawsuits cover a variety of situations and are brought under different legal theories in both state and federal courts. The outcomes vary widely and different laws govern in each jurisdiction.
Many different types of defendants have been targeted including mining companies; manufacturers, distributors, sellers, industrial property owners, and others.
Product Liability
Lawsuits for asbestos injury are often brought as product liability cases. A product liability case theorizes that a defective or unreasonably dangerous product injured someone, potentially making anyone in the "chain of distribution" liable for that injury. There are several potential types of product liability, including strict liability, breach of warranty, negligence, defective design, civil conspiracy, failure to warn of danger and others.
Premises Liability
In some states, industrial premises liability lawsuits are a potential source of recovery for asbestos injuries. Plaintiffs sue operators or owners of industrial facilities that used asbestos in production, or where asbestos exposure occurred from construction materials or operation. The possessors and owner of the property owe a duty of reasonable care to persons lawfully on their premises.
Workers' Compensation
Workers injured by asbestos in the workplace may be eligible for workers' compensation benefits. The treatment of occupational diseases in the workers' compensation system varies by state - sometimes more restrictively than other types of diseases and sometimes more generously. Depending on the jurisdiction and the facts, workers may have additional legal remedies outside the workers' compensation system.
Conclusion
Asbestos litigation is extremely complex. If you believe you have been harmed by asbestos exposure, you should seek the advice of a skilled lawyer at our firm.
