Asbestos is one of the most commonly used materials for manufacturing roofs, insulation, and wallboard. However, several studies show that exposure to asbestos, particularly to the tiny asbestos fibers released in the air by asbestos materials, can cause various forms of cancer. If you or a loved one has consistently been exposed to asbestos and developed an asbestos-related condition, you may have grounds for a lawsuit. But who do you sue?
Liability in Asbestos Cases
The legal liability rests on the person or organization that directly exposed you to the asbestos. As such, it is common for asbestos lawsuits to have multiple defendants, depending on the extent of the damage.
Manufacturers
Under the Toxic Substances Control Act (TSCA), companies that manufacture asbestos products are required to provide sufficient warnings to their customers about the dangers of exposure. You may have grounds to sue an asbestos manufacturer if you developed an asbestos-related medical condition from using their products or if you feel the manufacturer did not adequately inform customers about the dangers of the products.
Property Owners
Landlords and other property owners have a duty to perform proper maintenance on their premises to mitigate or prevent the risks presented by materials containing asbestos. They also need to provide conspicuous warnings to tenants about the presence of asbestos. If your landlord fails to do that and you end up being exposed to asbestos, you would have solid grounds for a lawsuit.
Government Agencies
You can present a case against the federal and state agencies involved in overseeing public safety and environmental regulations. You could file claims of negligence in enforcing asbestos regulations or put the agencies to task over their failure to warn the public about the dangers of asbestos.
Employers
The use of asbestos is widespread in the construction, shipbuilding, and manufacturing industries. The TSCA mandates manufacturers to take steps to protect their workers during the manufacturing process. Employers may be liable if they fail to take sufficient action to prevent their staff from being exposed to harmful fibers and fumes. This includes failing to provide adequate information, training, and safety equipment.
Talk to An Attorney
Asbestos-related illnesses can lead to immeasurable pain and suffering—not to mention high medical costs. Regardless of how and where you were exposed to asbestos, you deserve compensation for your pain. Contact Pourciau Law Firm, serving New Orleans and Baton Rouge, to get legal advice.