Asbestos & Mesothelioma Law Blog
Asbestos Exposure and Product Liability: A reason you may be entitled to financial compensation for becoming ill with mesothelioma or asbestos-related, lung cancer is products liability law. This vast area of law encompasses strict liability, breach of warranty, and negligence. When bringing a products liability lawsuit, your mesothelioma attorney will argue that the manufacturer, distributer, and/or retailer of the asbestos you were exposed to should be held liable for your illness and the pain and suffering it has caused you.
Establishing a timeline is a key component in bringing a products liability-based mesothelioma case. One reason for this is because the construction, automotive, and other industries stopped widely utilizing asbestos in the early 1980s. At this time, scientific evidence of the health risks of asbestos exposure was strong. These health risks were determined to outweigh the cheap, durable, flexible, and heat-resistant properties offered by the group of mineral fibers that comprise asbestos. Because the 1970s brought widespread knowledge of the dangers posed by asbestos, they also bear heavily on responsibility for the effects of exposure. For many years since, agencies such as the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) have imposed standards on employers in the construction, automotive, and shipbuilding industries to protect workers from asbestos exposure in the workplace. So, depending on when and in what industry you were exposed to asbestos, your employer and property owners where you worked, in addition to parties in the retail chain of asbestos, may be liable for your mesothelioma.
Mesothelioma Cases are Often “Fast-Tracked” by Courts
In its malignant cancerous form, mesothelioma is almost always fatal. Before the cancer takes its final toll, the pain and suffering can be immense. Recognizing the decreased lifespan of mesothelioma sufferers, courts frequently “fast-track” asbestos-related lawsuits so that a resolution may be reached in an expeditious fashion. Besides the limited lifespan issue, the compensation was already a long time coming. This is because of the latency between exposure and symptoms. It can take 20 to 50 years for a worker exposed to asbestos to become ill with mesothelioma. Tragically, as a result of work-related asbestos exposure, you may have had a compromised lung, abdominal or heart lining or pleura for many years before being diagnosed.
In other cases, mesothelioma plaintiffs are able to settle with defendants outside of the courtroom. If you are suffering from mesothelioma, contact a skilled and experienced mesothelioma attorney today to discuss your legal and medical options. In addition, if you have already tragically lost a loved one to either of these asbestos-related cancers, you may be eligible to file a wrongful death lawsuit. Time is of the essence in filing a claim after you have been diagnosed, so do not delay in contacting a skilled attorney.