Five Asbestos Lawyer Lessons From The Professionals

Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.

Property owners are also liable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners must ensure that their buildings safe and notify employees of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 products. A certified inspector should examine your workplace or home when you suspect it may contain asbestos. A professional can assist you in determining what needs to be done should asbestos be found within your home or workplace and collaborate with an abatement company when needed.

You can file a suit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In some instances, victims might be able to pursue damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead rely on the fact that the product was a risk in itself.

An asbestos lawyer can explain the various types of negligence and strict liability and will advise you on whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions and safety education to employees. This requirement can be extended to owners of buildings who use asbestos when they are aware that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to fund "bankruptcy funds" which pay injured victim's pennies on the dollars of their previous losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would establish a $140 billion asbestos trust fund in lieu of litigation. This bill would have taken funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and asbestos Law many Americans might have believed that asbestos attorney was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work daily to address this issue.

In 1989 the year 1989, the EPA issued a regulation that prohibits the importation, production and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the material from mining operations and then import it for other uses.

In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos is now on the list of substances that require an assessment of risk. In 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.

Trade groups are trying to block the EPA from bans on asbestos. These groups claim that a ban would threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case and are now looking to legislators who have ties to the asbestos industry.

This is a battle our company has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly substance in the United States. This is a huge move to ensure that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is minerals that occur naturally and are laid out into long, thin fibers. They are known for their flexibility, strength and resistance to chemicals and fire. These qualities make them ideal in a variety of industrial products, like insulation.

Because asbestos is extremely versatile, it's utilized in a wide range of buildings and household items. Examples include vinyl floor tiles, insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces, as well as other common building materials.

When asbestos is disturbed, asbestos law it releases harmful fibers into the atmosphere. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases can have a long time of latency and patients may not notice symptoms for up to 20 years following exposure.

Many people are concerned about asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless they are disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a home remodel which could impact it, you should speak an asbestos abatement expert for a more thorough examination.

If asbestos is in good shape there is no reason to eliminate it from your home. If you are concerned about your health, consult a doctor. They can order various tests to determine whether you suffer from symptoms related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally states' laws oblige public employees to have the same protections. If you work in a public facility where you are exposed to asbestos, your employer should provide details on how to reach an asbestos abatement contractor. You should also call an environmental inspector to examine your home. The experts can examine and test your home.

How to Get asbestos Law Out

Asbestos removal is safe if you take the appropriate precautions. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow the federal and state regulations for how the work is done. This includes properly covering and removing all waste from the project. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos lawsuit-related diseases such as lung cancer and mesothelioma. To stop this from happening, strict regulations have been put in place.

Asbestos that is in good condition and will not be disturbed may not pose a health risk. However, it is highly recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will allow a professional to determine whether the material needs to be removed prior to beginning any work. It will also ensure it is handled, packed, labeled and shipped in accordance with the guidelines of the government.

It is illegal for anyone to work with asbestos without a license anyone who is in violation of these regulations face severe penalties. If you suspect that an improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To reduce the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it away. Once the asbestos has been removed, it has to be placed in thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos in good condition using commercial products that seal holes and repair damage. These products are sold in stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover and dispose of asbestos Learn How to Remove Asbestos.