People exposed to asbestos on the job are at risk for serious health issues like mesothelioma. These conditions can be diagnosed years after exposure. Individuals can file asbestos claims against liable parties for the damages they incur. These lawsuits often name several defendants. Each state has laws on how to determine liability. These laws fall under three categories: negligence, strict liability and breach of warranty.
Military Personnel
During World War II and after, thousands of military personnel installed, removed and repaired asbestos-lined parts on aircraft, ships, and vehicles. These workers inhaled tiny asbestos fibers, which eventually caused many to develop deadly illnesses such as mesothelioma. While low levels of asbestos are present in all environments, people are typically only exposed to it regularly at work. Those most susceptible include miners, shipyard workers, factory employees, and construction, insulation and reduction professionals. The families of these workers are also at risk of secondhand exposure because the fibers will often be carried home on a worker’s clothing or shoes. A skilled mesothelioma lawyer can help victims identify parties liable for their diagnosis using various legal theories such as negligence, strict liability and breach of warranty. In cases where a defendant has gone bankrupt, the victim may still be eligible for compensation through an asbestos trust fund. You can contact Killian, Davis, Richter, and Kraniak, PC, today to learn more.
Workers’ Compensation
Many people sickened from asbestos exposure have worked for companies that knowingly or unknowingly used the toxic material. However, workers’ compensation laws may not cover these cases. Some states have ruled that employers aren’t liable for employees’ secondhand asbestos exposure. Those who work as independent contractors might be eligible to file an injury claim with their client’s insurer but can’t sue for damages in court. Regardless of who you work for or where you were exposed to asbestos, an experienced mesothelioma attorney can help you determine liability. Lawsuits against at-fault parties are based on different legal theories, including negligence, strict liability, and breach of warranty. A lawyer can help you pursue maximum compensation for your medical costs, lost income, and pain and suffering. Contact us to learn more about filing an asbestos lawsuit. We can also help you understand your workers’ compensation options.
Property Owners
People exposed to asbestos regularly may have a legal claim against the property owner. Asbestos-related illnesses typically result from occupational exposure, but secondhand exposure or contaminated consumer products can also lead to lawsuits against property owners. The law states that a defendant must compensate an injured party when their actions or inactions breach the law. The most challenging element of mesothelioma liability cases is proving that the defendant’s breach caused an injury. Proving causation often requires detailed medical reports and other documentation. Although asbestos manufacturers are the main defendants in most mesothelioma claims, victims should consider pursuing a lawsuit against those who handled their equipment, building materials, or other responsible parties. A mesothelioma attorney can help asbestos victims identify potential defendants. Sometimes, a dissolved company can be sued for asbestos liability, but victims must meet certain procedural requirements.
Manufacturers
Asbestos was a popular material for manufacturing because it was fire retardant, corrosion resistant and insulated. Despite the known health risks of asbestos, companies continued to produce these materials, often failing to warn employees. Asbestos exposure often leads to mesothelioma, lung cancer and other asbestos-related illnesses. Those who worked with asbestos or were exposed to secondhand exposure may be eligible for compensation. These claims are based on a legal theory called strict liability. Like negligence claims, a plaintiff must prove the four elements of a tort claim, including that the defendant breached their duty and this breach caused injury to the plaintiff. Often, the company responsible for an individual’s asbestos exposure is acquired by or merges with another company. When this happens, victims can still file a claim under the theory of successor liability. An experienced attorney can help victims build their cases to hold the company accountable.
+ There are no comments
Add yours