Asbestos exposure has had devastating consequences on the health and lives of individuals worldwide. In seeking justice for those affected by asbestos-related diseases, it is crucial to hold responsible parties accountable.
Negligence and Asbestos ExposureNegligence is a commonly pursued legal theory when seeking accountability for asbestos exposure. Under negligence law, companies owe a duty of care to employees, contractors, and other individuals who may come into contact with asbestos-containing materials. To establish negligence, the following elements must be proven:
Borel v. Fibreboard Paper Products Corporation (1973) set a precedent by holding manufacturers liable for the harmful effects of asbestos exposure.
Strict Liability and Asbestos ExposureStrict liability is another legal theory that can hold companies accountable for asbestos exposure. Unlike negligence, strict liability focuses on the dangerous nature of the product itself rather than the defendant's conduct. Under strict liability, the following elements must be established:
Failure to warn is a theory of liability that focuses on a company's duty to provide adequate warnings or instructions regarding the dangers of asbestos exposure. To establish a failure to warn claim, the following elements must be demonstrated:
Holding companies accountable for their role in asbestos exposure requires a thorough understanding of legal strategies and precedents. By pursuing theories of liability such as negligence, strict liability, and failure to warn, victims and their families can seek justice for the harm they have endured. The Throneberry Law Group, a renowned nationwide mesothelioma and asbestos firm, is dedicated to assisting individuals in holding responsible companies accountable. With their expertise in asbestos litigation, the Throneberry Law Group provides comprehensive legal representation and support to those affected by asbestos-related diseases, ensuring that their rights are protected and that they have the best chance of obtaining fair compensation.
If you or a loved one is suffering from the effects of Asbestos exposure, contact the Throneberry Law Group for a confidential and comprehensive consultation. We want to help you.
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