Legal Redress for Mesothelioma and Other Asbestos Injuries
In the past century, thousands of people were exposed to harmful, airborne asbestos fibers in industrial settings and through the use of asbestos-containing products and construction materials. Sometimes the dangerous, often fatal, diseases from breathing or ingesting asbestos fibers are not manifest for even up to 50 years. Even now, people exposed decades ago are developing asbestos-induced illnesses like mesothelioma and asbestosis.
Courts continue to be choked with asbestos cases. Many large companies named as defendants in asbestos litigation have declared bankruptcy, and the resulting remedies and trust funds set up for claimants are sometimes inadequate. However, this does not mean victims have no legal recourse. If you have been exposed to asbestos to your physical, mental or economic detriment, consult an experienced attorney at Rose Klein & Marias LLP in Southern California, to discuss 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, wholesalers, retailers and marketers; employers; and property owners, landlords and managers.
Lawsuits for asbestos injury are often brought as products liability cases. A products liability case theorizes that a defective or unreasonably dangerous product injured someone, potentially making anyone in the “chain of distribution” liable for that injury. Parties in the chain of distribution can include the manufacturer, material supplier, marketer, seller and distributor. 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.
In some states, 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. Landlords, property managers and property owners may face liability for exposure in residential and commercial buildings where asbestos-containing construction materials were used, resulting in injury to the occupants.
Workers injured by asbestos in the workplace are usually 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.
Economic property loss
Asbestos-containing materials were used to construct millions of buildings. Some lawsuits contemplate the economic loss to property from the asbestos contamination. The plaintiff seeks to recover the difference between the value of the property without asbestos contamination and the amount the property is currently worth with asbestos.
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Asbestos litigation can be extremely complex. If you believe you have been or may be harmed by asbestos exposure, you should protect your interests by seeking the advice of a skilled lawyer at Rose Klein & Marias LLP in Southern California.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.