Asbestos Litigation
Asbestos litigation encompasses mesothelioma lawsuits and is often called toxic tort litigation. This type of lawsuit is typically brought against a manufacturer or supplier of a chemical or substance that causes injury or illness.
Toxic tort cases usually involve people facing devastating illness and great hardship. Even so, these cases can be difficult to prove. Often, a long period of time elapses between exposure to the toxin and diagnosis of a related illness. Sometimes, as in the case of cancer, several decades may pass before the cancer appears.
Despite these challenges, Waters & Kraus, LLP, is dedicated to helping families harmed by exposure to toxic substances such as asbestos. Email our asbestos attorneys or call 800.226.9880 to find out more.
What Is Asbestos?
Asbestos is a fibrous mineral that has both insulating and fire-retardant properties. These properties made asbestos a key component in a wide variety of construction materials and other industrial products.
Where Is Asbestos Found?
Asbestos was found in many products for both homes and commercial buildings. It was also commonly used in many construction products for industrial and commercial applications, particularly in manufacturing plants, refineries and shipyards. Additionally, a number of men who worked in the U.S. Navy were exposed to equipment that was covered with asbestos. Today, more than 3,000 everyday products may contain some amount of asbestos.
Who Is at Risk for Developing Asbestos Illness?
People most at risk for developing mesothelioma or other asbestos-related illnesses include workers whose jobs directly expose them to asbestos fibers, especially those who worked with asbestos many years ago. Tradesmen who were exposed to asbestos indirectly — such as being present on a job site while asbestos-containing materials were being installed or removed, are also at risk.
Family and friends of these workers may also be at risk due to what is called "household exposure." There are numerous cases of spouses and children of workers who develop asbestos-related illnesses like mesothelioma as a result of second-hand exposure to their husband or parent who was directly or indirectly exposed to asbestos.
Why Is Asbestos Harmful?
Asbestos fibers produce dust. When inhaled, asbestos dust forms deposits in the lungs that can cause serious and deadly illnesses. These illnesses include mesothelioma, lung cancer and asbestosis.
Sadly, workers exposed to asbestos from the 1940s through the 1970s continue to develop mesothelioma, lung cancer and asbestosis after a very long latency period. These workers either handled asbestos-containing products themselves or were indirectly exposed by working in close proximity to asbestos.
There are also many documented cases where the spouse or child of a worker exposed to asbestos on the job developed asbestos-related diseases. In these cases, the family member is exposed to asbestos particles that the worker brings into the home on his body, work clothes and shoes. This type of asbestos exposure is called "household exposure," and it can be as deadly as being exposed to asbestos directly on the job.
Is Asbestos Still Used Today?
Only in limited applications. The widespread use of asbestos in the United States ended in the 1970s, thanks to government enactment of stricter regulations for workplace exposure.
Several federal and state agencies have the authority to regulate asbestos. These agencies include the U.S. Department of Labor/Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA).
What Diseases Are Related to Asbestos Exposure?
Several diseases are common among workers or family members exposed to asbestos. These are malignant mesothelioma, lung cancer and asbestosis.
- Malignant Mesothelioma
Malignant mesothelioma is an extremely aggressive cancer. Asbestos exposure is the only known cause of this terminal illness. The three types of malignant mesothelioma are: Epithelioid, Sarcomatoid and Mixed type. The specific diagnosis is made based on how the cells look under a microscope.
- Lung Cancer
Asbestos exposure is known to cause lung cancer in and of itself. The combination of asbestos exposure and cigarette smoking is especially deadly. Scientific studies published by the U.S. Surgeon General indicate that people who smoke and were exposed to asbestos on the job are 90 times as likely to develop lung cancer as people who smoke but were never exposed to asbestos.
- Asbestosis
Asbestosis is a lung disease caused by inhaling asbestos dust. The disease produces inflammation and scarring (fibrosis) of the lung. The scarring can severely compromise a person's health. In severe cases, it can be fatal. In addition to having the potential to be a serious disease in and of itself, asbestosis also can be an early symptom of asbestos-related cancer, such as mesothelioma.
What If I've Been Harmed by Asbestos Exposure?
Many victims of asbestos disease and their families are entitled to receive asbestos exposure compensation because manufacturers of asbestos-containing products often knew about the dangers of asbestos. In fact, asbestos has been linked to cancer as early as the 1930s.
The evidence shows that these companies did not advise workers of the potential hazards of their products, nor did they make any effort to put warning labels on the products to inform workers of the dangers of asbestos. As a result of this failure to warn, hundreds of thousands of workers have developed asbestos-related diseases over the past century. Many have died. Bringing legal action against these companies is one remedy available to you.
How Can Waters & Kraus, LLP, Help My Family?
Waters & Kraus, LLP, has represented hundreds of families in jurisdictions across the country who have suffered the devastating consequences of mesothelioma, lung cancer and other asbestos-related diseases. We are also active in grass-roots efforts to protect the legal rights of these families, and are a leading opponent of asbestos bailout legislation that serves only to protect corporate interests at the expense of hardworking American families.
Our attorneys have a special understanding of the liability of asbestos defendants. This includes such issues as when the manufacturer, supplier, contractor and/or employer first understood about the dangers of asbestos, and what they failed to do to warn and protect workers and their families.
To learn more about our representation or the firms resources, or to have a Waters & Kraus attorney review your case, contact us online.
