Asbestos exposure remains a serious workplace hazard, with devastating health consequences such as mesothelioma, lung cancer and asbestosis. When workers are exposed due to employer negligence, legal action can hold responsible parties accountable. But what exactly constitutes negligence in asbestos exposure cases? This blog will explore liability, the different levels of responsibility, how negligence is determined and what victims can do to seek justice. This information is for educational purposes only and does not constitute legal advice.
Understanding Liability in Asbestos Exposure Cases
Liability means being legally responsible when someone’s failure to prevent asbestos exposure puts others at risk. This can apply to employers who don’t follow safety regulations, manufacturers who produce asbestos-containing products without warnings or property owners who fail to manage asbestos hazards. In asbestos lawsuits, the key issue is whether someone acted negligently—by cutting corners, ignoring safety laws, or failing to warn people—leading to serious health consequences.
Types of Asbestos Liability
Asbestos lawsuits typically proceed based on three primary legal theories: negligence, strict liability, and breach of warranty.
- Negligence – This occurs when the defendant fails to exercise reasonable care, resulting in harm.
- Strict liability – This holds the defendant accountable regardless of fault. In asbestos cases, this can apply to manufacturers who produce asbestos-containing materials, and are held responsible for any harm caused, even if they followed all safety regulations.
- Breach of Warranty – This refers to a failure to meet the terms of a guarantee or promise made about a product.
How Is Liability Determined?
Liability in asbestos exposure cases is determined by identifying the responsible parties, and proving that their actions led to harmful exposure. The exposed individual must demonstrate that the asbestos exposure caused their illness. Successfully proving this can lead to compensation for the victim’s medical costs, lost income, and pain and suffering, with time limits governed by the statute of limitations. Workers may also pursue workers’ compensation claims for job-related exposure.
Determining Negligence in Asbestos Cases
Negligence occurs when those responsible fail to exercise the level of care that a reasonable person would under similar circumstances. Common signs of negligence in asbestos cases include:
- Lack of Warning Labels – Failing to inform workers or consumers about asbestos risks.
- Failure to Provide Protective Equipment (PPE)– Employers must ensure workers have respirators, suits and proper safety measures.
- Ignoring Asbestos Regulations – OSHA, EPA, and state laws require specific procedures for handling and removing asbestos.
- Delaying Asbestos Removal – If an employer or property owner ignores known asbestos hazards, they can be held liable for resulting illnesses.
Who’s Responsible for Preventing Asbestos Exposure?
Liability in asbestos cases can take many forms, depending on who was responsible for preventing exposure and how they failed. Understanding the different types is really important for determining who may be held responsible when negligence has resulted in asbestos exposure.
1. Employer Negligence
Employers are required to follow OSHA regulations to ensure a safe work environment. Failure to warn workers about asbestos risks, provide protective equipment or conduct proper asbestos removal can lead to employer liability.
2. Contractors
Contractors can be liable if they used unsafe asbestos removal methods or didn’t properly dispose of asbestos waste.
3. Manufacturers
Manufacturers may be responsible if they sold asbestos-containing products without warnings or failed to meet safety standards.
4. Premises Liability
Property owners may be liable if they allowed asbestos-containing materials to remain in buildings without proper management or disclosure.
5. Successor Liability
If a company that produced asbestos products goes out of business or merges with another company, the new owner may still be held accountable for asbestos exposure cases.
Proving Negligence and Pursuing a Lawsuit
To succeed in an asbestos lawsuit, plaintiffs must demonstrate four key elements. First, they must show that the defendant had a (1) Duty of Care to prevent exposure. Next, they need to prove that the defendant is guilty of a clear (2) Breach of Duty, leading directly to the (3) Causation, which is the asbestos-related illness the plaintiff is suffering from. Finally, there must be evidence that the exposure caused actual (4) Damages.
There are different types of legal claims that victims can pursue in asbestos cases. Personal injury claims are often filed by workers or individuals diagnosed with asbestos-related diseases. Wrongful death claims are brought by the families of those who have died as a result of asbestos exposure. Additionally, some companies have established asbestos trust funds, providing compensation to victims of exposure.
What to Do If You’ve Been Exposed to Asbestos
If you believe you have been exposed to asbestos due to negligence there are some important things you need to do, and they are especially important when it comes to building a case against those responsible:
- Seek Medical Attention – Early detection of asbestos-related diseases can improve treatment options.
- Record Keeping – Keep records of job sites, products used, and any safety violations.
- Report the Negligence – File a complaint with OSHA if your employer failed to follow asbestos safety regulations.
- Consult a Lawyer – Choose an experienced asbestos attorney who can help determine if you have a case and help you to file your lawsuit while guiding you through the legal process.
Reach Out To Shrader & Associates L.L.P.
Negligence in asbestos exposure cases can have life-altering consequences. Whether due to employer misconduct, unsafe products or property owner neglect, victims have legal options to seek justice. If you or a loved one has been affected by asbestos exposure, our team at Shrader & Associates L.L.P. is here to help. Contact us to learn more about your rights and how we can assist in filing a claim for compensation.