Each year, about 3,000 new cases of mesothelioma cancer associated with exposure to toxic asbestos are
However, many workers affected by mesothelioma and their families are not sure qualify to file lawsuits against asbestos manufacturers, employers, and other stakeholders.
Eligible claimants in asbestos cases and mesothelioma may include:
reported in the United States. Many of the victims of the rare, aggressive and deadly form of cancer are entitled to financial compensation from asbestos product manufacturers and other defendants who are considered responsible for the injuries.
Workers Exposed Mesothelioma Law
Mine Workers of Asbestos: Asbestos is a group of natural mineral which is extracted from the earth. People who work in the mining or processing of asbestos is perhaps has the greatest risk of developing mesothelioma. Working for many years, or in some cases just a few months, in the vicinity of asbestos fibers, mine workers can be directly exposed to toxic materials and develop cancer 30 to 40 years after first contact. Breathing or swallowing asbestos fibers is the main cause of mesothelioma.
Construction Workers: Asbestos was widely used in a variety of building materials for many years. Therefore, plumbers, electricians, tile layers underwriters, and others in the construction industry, are at great risk of developing mesothelioma. Years of use of materials containing asbestos in a close relationship, even with proper safety equipment can result in a fatal form of cancer.
Technicians Auto Repair: Asbestos was used in brake pads and other vehicle parts. Workers who repair automobiles, including brakes, may have been exposed to toxic particles and face an increased risk of developing mesothelioma.
Long shore and staff Shipyards workers military and civilian shipyards and stevedores are also among the most common plaintiffs in litigation mesothelioma. Because asbestos was used in insulation and other areas of ships, men and women who built, repaired and dismantled ships or served on board, often they were exposed to asbestos sufficient to cause cancer measure.
Relatives of Workers Exposed
Most people who develop mesothelioma cancer and present lawsuits seeking compensation for their injuries, are the workers who were exposed to asbestos at work. However, relatives of the exposed workers may also be at risk. There have been cases of mesothelioma in spouses, children and other people living with or in regular contact with exposed workers.
Wives washing the work clothes of their husbands and children to give a hug to his father when he comes home from work, can inhale asbestos fibers in sufficient quantity to cause the development of mesothelioma. These cases of mesothelioma are particularly wrenching and may lead to the granting of substantial financial damage for members of the affected family.
Shares Class Members
Some plaintiffs seek financial compensation for mesothelioma and other asbestos-related lawsuit in a class action and not as individual plaintiffs injuries. The courts are inclined to approve a class action against companies that make or use asbestos products linked to mesothelioma if:
• The number of plaintiffs in a class action is so great that the accumulation of the plaintiffs is practical and representative;
• There are common issues of fact or law applicable to the class;
• The claims of the plaintiffs represented are common to those of the other applicants, and
• The representatives fairly and adequately protect the interests of the class.
If the plaintiffs are able to establish these elements, a court must approve the class action if:
• There is a risk of creating inconsistent statements if a class action is not certified;
• The defendant has acted in a manner that is generally applicable to the whole class, and
• The common questions of law or fact predominate over other issues.
The Review Tribunal Point Toward the Asbestos Companies
Over the years, many courts have issued opinions that are highly critical of the manufacturers of asbestos products. In some cases, courts have held that asbestos manufacturers voluntarily conceal the known hazards of exposure to asbestos for years, not only their own employees but also the general public.
Here are some examples of court rulings that severely questioned the actions of asbestos companies:
The court found that manufacturers of asbestos products had evidence of asbestos is and its link to cancer, as well as the fact that there is no safe level of exposure to asbestos in such early studies such as those conducted in 1944, but not issued a report to warn of the risks to 1951. (Prudential Ins. Co. v. US Gypsum)
The accused was aware of the risks of asbestos, but chose not to disclose information or not put warning labels on products until 1970. "This conduct clearly constitutes a total indifference, or conscious disregard for the safety of others", ruled the court. (Fiberglass Kochab v. Owens-Corning Corp.)
The court used the word "terrible" to describe how the defendant Johns-Granville Corporation had so much information about the risks of asbestos workers and in the 1930s The company not only failed to protect their own workers, but also tried to retain information for the public. (Fischer v. Johns-Manville)
Legislation on Asbestos
The USA. They have passed several laws to regulate the use of asbestos and establish guidelines for the disposal and management of asbestos in buildings. It is estimated that nearly one million buildings containing asbestos was built across the country, so that the potential for harm is great.
Information Act on Asbestos 1988 (HR 5442) .This federal law intended to facilitate early identification of the manufacturer or processor of a particular type of asbestos or asbestos-containing materials. Lawmakers said earlier identification could help reduce the time and costs associated with the identification of the parties as defendants in litigation about asbestos in the products manufactured or processed by these people were not used in the construction It is the subject of litigation.
The law required manufacturers of asbestos products to submit to the Environmental Protection Agency US (EPA), information on the types or classes of products, years of manufacturing, and other identifying characteristics of its products containing asbestos. EPA then publish this information.
Sections 2641-2656 of Chapter 53, Title 15 of the Code of EE.UU.Las sections of code Response Emergency Risks of Asbestos established federal regulations requiring the inspection of materials containing asbestos in school buildings throughout the country. Thus, Congress cited the "lack of policy guidance from the Agency for Environmental Protection" in the proper handling and disposal of toxic asbestos. Congress also found that the information provided in 1986 by the EPA in its "Guidelines for the control of materials containing asbestos in buildings" were not sufficient in detail to ensure appropriate responses.
Asbestos continues to pose a serious threat to public health and thousands of people each year are diagnosed with mesothelioma cancer related to asbestos exposure. The injured should consult a lawyer who specializes in asbestos and mesothelioma as soon as possible to determine the scope of their potential legal rights.
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