Asbestos may be banned in new construction, but it still lingers in the walls, ceilings, and mechanical rooms of older hospitals and college campuses. When renovations or maintenance work disturb this material, the fibers can become airborne and pose a danger. Workers, students, and even visitors may be exposed without warning. When the health consequences show up decades later, victims often face an uphill legal battle.
This blog explains when a university or hospital may be legally responsible for asbestos exposure and how to challenge the “independent contractor” defense.
When Asbestos Becomes a Premises Liability Issue
Under Louisiana law, property owners have a duty to keep their buildings safe for people lawfully on the premises. That includes protecting against known dangers like legacy asbestos.
If a university or hospital fails to remove, contain, or warn about asbestos it knew, or should have known, was present, it may be liable under Civil Code articles 2317.1 and 2322. These rules apply even if the victim was a contractor’s employee, as long as the asbestos was part of the physical structure.
The “Independent Contractor” Defense Doesn’t Always Hold
Institutions often argue they aren’t responsible because a contractor performed the work. However, this defense has limits. Louisiana courts allow asbestos exposure claims to move forward if the university or hospital either:
- Had operational control over the contractor’s methods
- Authorized unsafe practices, like skipping proper containment or cleanup
Direct negligence, like failing to vet the contractor or ignoring known hazards, can also support a claim.
Public Campuses Have Extra Rules, But Also Legal Duties
When a public university or state-run hospital is involved, Louisiana’s public entity law (R.S. 9:2800) adds a few steps. Plaintiffs must show the entity had notice of the danger and enough time to fix it.
However, public facilities are also held to state and federal asbestos safety standards. If records show missing surveys, skipped notifications, or unaccredited workers, those facts may help prove negligence.
Talk to a Lawyer About Your Rights
If you were exposed to asbestos while working at or visiting a university or hospital in New Orleans or Baton Rouge, you may have a legal claim, even years later. Pourciau Law Firm helps clients investigate campus conditions, request records, and hold property owners accountable for unsafe buildings. Call 504-305-2375 or complete our intake form to get started.