In some jurisdictions, owners of buildings contaminated by dangerous asbestos-containing construction materials may have legal recourse against previous owners or asbestos manufacturers, sellers or distributors. If you own a structure with asbestos contamination, contact a knowledgeable asbestos attorney at our firm to determine whether you may be able to recover the cost of abatement.
At the law offices of Sales & Satterley, our attorneys are well informed about the scourge of asbestos exposure and its resulting pathologies: lung cancer, interstitial lung disease and mesothelioma. We welcome your inquiry if you or a family member has been diagnosed with a disease known to result from exposure to asbestos. We may be able to point the way to financial relief for you and your family that will help you cope with an insidious disease resulting from your exposure to toxins on the job or elsewhere.
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Our Louisville, Kentucky, lawyers represents families of people who have died as a result of exposure to asbestos or other job-related toxic substances. Did your husband, father, wife or mother lose the battle with mesothelioma, leaving your family with medical expenses, funeral and burial expenses, and loss of income?
The information presented here regarding asbestos and the law is general in nature and may or may not pertain to your particular situation. Contact an attorney for advice and assistance appropriate to the facts of your case.
Legal Redress for Mesothelioma and Other Asbestos Injuries
In the past century, thousands of people were exposed to harmful, airborne asbestos fibers in industrial settings and through the use of asbestos-containing products and construction materials. Sometimes the dangerous, often fatal, diseases from breathing or ingesting asbestos fibers are not manifest for even up to 50 years. Even now, people exposed decades ago are developing asbestos-induced illnesses like mesothelioma and asbestosis.
Courts continue to be choked with asbestos cases. Many large companies named as defendants in asbestos litigation have declared bankruptcy, and the resulting remedies and trust funds set up for claimants are sometimes inadequate. However, this does not mean victims have no legal recourse. If you have been exposed to asbestos to your physical, mental or economic detriment, consult an experienced attorney at Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC in Louisville, Kentucky, to discuss your legal remedies.
RAND Asbestos Litigation Study
The combination of the overwhelming numbers of those exposed and the horrific nature of the resulting injuries created an explosion in asbestos-related legal activity. According to a 2005 RAND Institute for Civil Justice study, over 730,000 people in the US filed claims for asbestos-induced injuries from the 1970s through 2002. The defending businesses and insurers spent more than $70 billion in response, with only 42 cents per dollar going to the injured claimants and the rest going to defense costs and attorneys fees.
RAND calculated about 8,400 entities have been defendants in asbestos litigation. By mid-2004, at least 73 companies commonly named as asbestos defendants had declared bankruptcy.
Potential Asbestos Lawsuits
Asbestos lawsuits cover a variety of situations and are brought under different legal theories in both state and federal courts. The outcomes vary widely and different laws govern in each jurisdiction.
Many different types of defendants have been targeted including mining companies; manufacturers, distributors, wholesalers, retailers and marketers; employers; and property owners, landlords and managers.
Product Liability
Lawsuits for asbestos injury are often brought as product liability cases. A product liability case theorizes that a defective or unreasonably dangerous product injured someone, potentially making anyone in the "chain of distribution" liable for that injury. Parties in the chain of distribution can include the manufacturer, material supplier, marketer, seller and distributor. There are several potential types of product liability, including strict liability, breach of warranty, negligence, defective design, civil conspiracy, failure to warn of danger and others.
Premises Liability
In some states, premises liability lawsuits are a potential source of recovery for asbestos injuries. Plaintiffs sue operators or owners of industrial facilities that used asbestos in production, or where asbestos exposure occurred from construction materials. Landlords, property managers and property owners may face liability for exposure in residential and commercial buildings where asbestos-containing construction materials were used, resulting in injury to the occupants.
Workers' Compensation
Workers injured by asbestos in the workplace are usually eligible for workers' compensation benefits. The treatment of occupational diseases in the workers' compensation system varies by state - sometimes more restrictively than other types of diseases and sometimes more generously. Depending on the jurisdiction and the facts, workers may have additional legal remedies outside the workers' compensation system.
Economic Property Loss
Asbestos-containing materials were used to construct millions of buildings. Some lawsuits contemplate the economic loss to property from the asbestos contamination. The plaintiff seeks to recover the difference between the value of the property without asbestos contamination and the amount the property is currently worth with asbestos.
Conclusion
Asbestos litigation can be extremely complex. If you believe you have been or may be harmed by asbestos exposure, you should protect your interests by seeking the advice of a skilled lawyer at Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC in Louisville, Kentucky.
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