Coming into contact with asbestos can be dangerous, and unfortunately, many people throughout history have suffered due to asbestos-related health issues. But who is responsible for these injuries, and importantly, whom can you hold accountable if you find yourself or a loved one hurt by asbestos exposure? Let’s talk about the various parties on the hook for this damage.
Lawsuit for Asbestos Exposure
If you’ve been affected by asbestos, there may be legal avenues for you to seek remediation. The first step in this process is to obtain legal support for asbestos exposure. This can come from lawyers or legal firms specializing in asbestos-related cases. They lead the charge in identifying who can be liable for the injuries you or a loved one may have sustained.
Possible liable parties include:
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Employers: Companies may be held responsible if they fail to provide a safe working environment, do not disclose the presence of asbestos, or do not take appropriate safety measures.
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Manufacturers: These are the companies that produce the asbestos materials. They could be liable if they knew about the risks and did not warn users adequately.
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Property Owners: Residential or commercial property owners could be held liable if they did not address the presence of asbestos in their buildings and tenants or workers were exposed.
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Contractors and Installers: This covers the individuals who installed or worked with asbestos products and did not take measures to protect themselves or others.
Understanding that asbestos litigation can be complex and statute of limitations laws can affect your ability to file a claim is critical. Therefore, seeking professional legal advice is advisable if you suspect asbestos exposure.
Identifying Liability in the Asbestos Chain
Asbestos exposure liability can often be traced back to negligence. To establish negligence, you need to show that the party you’re suing had a duty to protect you, that they breached that duty, and that the breach directly caused your injuries. Let’s break down how different parties might be held responsible:
Employers
Our workplaces are meant to be safe, but this was not the case for many people working in construction, shipbuilding, or manufacturing during the 20th century. Employers who did not adequately prevent workers’ exposure to asbestos might be liable if they did not follow safety regulations or provide necessary protective equipment.
Manufacturers of Asbestos-Containing Products
Companies that produce asbestos-containing products are a primary target in asbestos litigation. In many cases, it was proven that these manufacturers were aware of the dangers but continued to market their products without proper warnings.
Property Owners and Landlords
Property owners and landlords must maintain safe living and working environments. Failure to disclose known asbestos or to take action to remove or encapsulate it can make them liable. Especially if the building is older, the property owner is responsible for inspecting for and dealing with any asbestos on site.
The Military and Government Liability
For veterans, particularly those who served in the Navy, asbestos exposure was every day, given the widespread use of asbestos in ships. The government may be liable if it’s found that it did not take adequate precautions to protect service members from exposure.
Diseases Caused by Asbestos Exposure
Asbestos exposure is a significant health risk of asbestos. It has been linked to various diseases, which predominantly affect the lungs but can also impact other body areas. Most of these conditions can take years or even decades to manifest after the initial exposure. Recognized conditions include:
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Asbestosis is a lung disease resulting from inhaling asbestos fibers, which causes lung tissue scarring.
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Mesothelioma: A rare form of cancer typically affecting the lining of the lungs and has a strong association with asbestos exposure.
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Lung Cancer: Asbestos exposure can significantly increase the risk of lung cancer, perhaps even more so if the individual is, or was, a smoker.
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Pleural Effusions: These are abnormal build-ups of fluid between the layers of the pleura outside the lungs.
Due to the latency period of these diseases, it’s crucial to monitor your health if you’ve been exposed to asbestos and consult healthcare professionals regularly for check-ups.
Asbestos Lawyers and Asbestos Litigation
Should you find yourself in the unfortunate position of having to deal with an asbestos-related disease or injury, enlisting the help of a lawyer who specializes in such cases can be a significant advantage. For instance, a Baton Rouge asbestos lawyer would be well-versed in Louisiana’s specific laws and regulations regarding asbestos litigation.
Expert attorneys can navigate the complexities of these cases, including identifying the liable parties, filing claims within appropriate timelines, and advocating for victims’ rights to compensation.
These legal experts help by:
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Gathering detailed work and medical histories to support your case.
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Identifying the products and circumstances that led to your exposure.
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Quantifying the damages, including medical costs, lost wages, and pain and suffering.
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Fighting for your rights against companies and insurance firms in court or through settlements.
The proper legal representation can make all the difference in the outcome of an asbestos-related case.
Wrapping Up
Determining who is liable for asbestos exposure injuries involves looking at employers, manufacturers, landlords, and the government. If you find yourself dealing with the aftermath of asbestos exposure, it’s essential to seek help. Disease awareness, legal support, and professional counsel are critical in navigating asbestos litigation’s choppy waters. Finding the right ally, such as a skilled Baton Rouge asbestos lawyer, can offer the guidance and support necessary to take on these complex claims and fight for the justice and compensation you deserve.
