Many people get diseases and wrongful deaths due to asbestos exposure. The victims and their relatives can sue the responsible company. This is because asbestos manufacturers know it is deadly and causes severe pain to victims. Unfortunately, some continue to use asbestos in products, construction, and industry.
Meanwhile, determining the liability of asbestos exposure is not simple. It requires a complete understanding of the case using three different theories. Also, plaintiffs have to prove their case in black and white. Any ambiguity can hurl the court to rule in favor of the defendant or defendants.
But suppose you understand the nature of asbestos liability. In that case, you can better handle it in the court along with the whole judicial procedure as a victim.
Keep reading further to know everything you need to win the battle to secure rightful compensation.
Let’s begin!
Brief Understanding on Liability in Asbestos Cases
Asbestos liability is a simple concept. All asbestos-related losses are the responsibility of the employer or vendor. The court first determines whether asbestos exposure is the company’s fault or the plaintiff got it elsewhere. Next, victims and their relatives can sue the company for damages. Thus, the responsible entity or person compensates victims or their relatives.
Numerous people in the United States get mesothelioma or other diseases related to asbestos. While companies can prevent them by using safe parameters and refraining from asbestos products, they don’t. That’s why victims can file mesothelioma class action lawsuits jointly against the responsible entities. Suppose if you or your loved ones have contracted mesothelioma. In that case, click here to learn more about this type of cancer and its treatment.
People get first-hand asbestos exposure due to their occupation. But asbestos contamination in everyday products can also give second-hand exposure. Yet, asbestosis or cancer does occur due to single contact with asbestos. But it happens due to prolonged asbestos exposure. In short, victims can never be at fault, but companies and vendors can be.
Theories That Determine Liability in Asbestos Exposure Cases
Liability laws are different in each state. But every asbestos lawsuit revolves around one of three theories: Negligence, strict liability, and breach of warranty.
Negligence
Most times, plaintiffs claim negligence from the company. But they have to prove:
- The safety of plaintiffs is the duty of the company.
- The company did not conduct its obligation.
- The injury is due to the negligence of the company.
- The plaintiffs got damage only due to injury.
Strict liability
Negligence is harder to prove most times. That’s why plaintiffs opt for strict liability theory. It is somehow similar to negligence theory. But plaintiffs do not have to prove negligence. They only have to prove that the company is a commercial or retail seller of the product containing asbestos.
Breach of Warranty
Product manufacturers have to provide a warranty that the product is safe for consumers. Consumers getting asbestos exposure from the product can sue the product manufacturer. It’s because the product manufacturer breached the warranty.
Who is Responsible for Asbestos Exposure?
Fixing asbestos exposure responsibility becomes complicated in court. There can be more than one responsible entity. Thus, the court goes through full arguments and pieces of evidence to reach the final verdict.
Mining Companies
Asbestos sites are present in over 35 states. People who work in asbestos mines or live near them get exposure. But results of asbestos exposure appear after many years.
Mining companies legally have to provide safety measures to miners. Also, they have to spread awareness to people living near asbestos mines. Otherwise, mining companies have to pay damages to victims.
Asbestos Manufacturers
Companies use asbestos in industry. But they legally have to warn people about the health hazards of asbestos.
Companies never practiced warning people about asbestos’s dangers in the pact. However, it was a legal requirement. So, people filed claims. As a result, they won legal battles. Now, the law in every state requires companies to warn people about asbestos hazards.
Asbestos-Containing Product Manufacturers
Third-party manufacturers use asbestos in products. But every state has a different law to determine liability for it. Yet, plaintiffs have to prove that the company used asbestos in the design of products, and the company can also use a different material.
Employers
It is the responsibility of employers to provide safe work conditions to workers. Also, they have to provide safety training and warnings for health hazards. If employers fail to do so, they are responsible.
Unfortunately, employers don’t always go by the law. That’s why many workers suffer later in life with cancer and asbestosis. Plus, they also don’t know how to sue for damages.
A Person Who Own Asbestos-Containing Properties
Property owners have to keep their premises safe for workers and visitors. Asbestos-related injuries can occur due to spending time in a building with asbestos particles in the air.
Plaintiffs have to prove that they got asbestos exposure due to the negligence of the property owners. Every state has different laws for building safety. But the laws require every building owner to hire certified asbestos abatement companies to safeguard their premises.
Multiple Defendants
There can be more than one defendant in asbestos-related injury lawsuits. Also, the court can find any number of defendants liable.
A class-action lawsuit attorney is responsible for identifying defendants, gathering pieces of evidence, and building a separate case against each defendant.
Compensation for Asbestos Liability
Compensation for asbestos liability varies. However, there are two common ways to get compensated. Defendants can settle the case outside the court or wait for the verdict. Then, they have to pay whatever the court decides.
Court orders to compensate for medical bills, lost income, and related expenses, including travel. Sometimes, the court also compensates for pain and suffering.
Relatives of people who died due to asbestos-related injuries can claim wrongful death. The compensation includes all expenses and losses during treatment and funeral.
Average mesothelioma settlement in the US ranges between $1 million to $1.5 million per plaintiff. The total mesothelioma verdict amount varies between $5 million to $11 million. Until now, the largest mesothelioma verdict was $250 million in 2003. Here are the details.
Last Verdict
One or multiple defendants can be liable for asbestos-related injuries and deaths. The court decides who is responsible. But, plaintiffs can persuade defendants to settle outside the court.
The compensation for damages includes medical expenses, loss of income, and related expenses. Also, sometimes, the court puts pain and suffering in the compensation payout. Relatives of the deceased victim also get compensation, including all medical expenses and funeral costs.
Every person injured due to asbestos exposure should sue for damages and get compensation for income loss, pain, suffering, and treatment costs.