It’s a word that can strike fear in anyone: asbestos. For years, asbestos was used in a wide range of automotive, construction, and shipyard industries. Despite available data detailing health risks, asbestos was widely used for many years without regard for worker safety, nor end user safety (homeowners, drivers, etc.)
Although asbestos is now highly regulated because of the serious health hazards it causes, it is highly regulated by OSHA for use, removal, and remediation (such as sealing and encapsulation to prevent chipping.)
Mesothelioma is just one of a series of illnesses that results from exposure and inhalation of asbestos fibers. There are also several lungs, ovarian and laryngeal cancers that are also attributable to asbestos exposure. All have limited medical treatments available and are considered incurable.
What Is Asbestos?
Asbestos is a series of naturally occurring fibrous minerals. Once revered for its durability and resistance to fire, asbestos is now known as a carcinogen. Because the fine fibers are airborne when the material is used or handled, they are easily inhaled.
Asbestos becomes dangerous when it’s moved, removed, or otherwise disturbed, such as during removal. Although its use is now restricted, the product is still in structures around the country, many times unknown to owners, tenants and residents.
Premises Liability
If you are injured on another’s property, be it at work, at someone’s home, at a retail establishment, or anywhere that members of the public visit, it’s known as Premises Liability.
Owners, managers and employees are required to keep their premises safe for all who visit and work in a facility. These individuals have a responsibility to warn visitors that a hazard exists, and also remediate the hazard in a reasonable amount of time. Claims for premises liability can include:
- Slip and fall accidents
- Dangerous animals
- Areas with insufficient lighting, such as stairwells
- Maintenance deficiencies, such as absent handrails, damaged stairs, floors or carpeting, cracked or shattered sidewalks, or asphalt in a company’s parking lot
- Inadequate security
- Harmful substances, including asbestos, lead-based paint and others
Should there be a possible risk of asbestos exposure to visitors, tenants and/or employees, the owner and/or landlord has a responsibility to conduct testing, and have the asbestos removed or contained immediately. Because recurring or continual exposure to asbestos can lead to incurable diseases for those exposed, a property owner or landlord could be sued on the grounds of premises liability.
Note that in such a lawsuit, your attorney will be required to prove that the property owner, employer, or landlord, was negligent in dealing with asbestos, and that the negligence was a direct cause of your illness. If a family or household member also suffered “take-home exposure” that led to an illness, you will also have to prove this beyond a reasonable doubt.
Charleston’s Asbestos Lawsuit Attorney
The Love Law Firm understands the difficulties of an asbestos-related lawsuit. We work diligently to represent you whether for you or for a loved one who has been diagnosed with mesothelioma or other asbestos-related illness. Call us today at (304) 344 5683, or use our online contact form to make your appointment.
Your consultation is free, and we only collect after we win your case and get you the settlement you need. Call us today.
