Is
asbestos claim Legal?
Congress has passed a number of incremental legislations despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners must keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos is among the naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 items. If you are concerned that your workplace or house may contain asbestos, a certified inspector should be able to inspect the area. A professional can help you determine what should be done should asbestos be found in your home and will collaborate with an abatement company should it be necessary.
You can file a suit against the manufacturer if they make asbestos-containing products. It is often difficult to prove a defendant's fault. In certain instances, victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and is based on the fact that the product is inherently dangerous.
An
asbestos lawyer can provide information on the different types of negligence and strict liability and can advise on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation may extend to the owners of buildings that are constructed with asbestos if it is known that the building will be used by third party employees.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar 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 a bid to protect the public, Congress has considered but was unable to pass legislation that would have created a $140 billion
asbestos attorney trust fund to replace litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have assumed that asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work daily to address this issue.
In 1989 the year 1989, EPA issued a regulation that banned the importation, manufacture, and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA made another significant step toward a ban in 2019, when it announced the final rule, which strengthens the agency's ability to prevent asbestos-containing products from returning to the market.
Trade groups are attempting to prevent the EPA from bans on asbestos. The trade groups argue that a ban will affect the supply of chlorine in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help present their arguments and are now turning to lawmakers with ties to the asbestos industry.
This is a battle our firm has been involved in for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.
How to tell if you have asbestos
Asbestos is minerals that are naturally occurring and are organized into long, thin fibres. They are known for being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.
Because asbestos is so versatile, it's used in a wide range of buildings and household products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These diseases can have a long latency time, and victims might not experience symptoms for up to 20 years following exposure.
Many people are concerned that they might have asbestos in their home. Asbestos that is in good condition is not likely to release fibers until it is disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material appears slightly damaged or if you're planning to make changes to your home or alter it in any way, it is recommended to seek out an asbestos abatement professional for a thorough examination.
If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, you should consult with a physician. They can perform a variety of tests to determine whether you're experiencing symptoms linked to asbestos exposure.
The Occupational Safety and
Asbestos Lawyer Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public place that is exposed to asbestos, your employer must give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. These professionals can test your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed, as long as the proper precautions are taken. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos materials from their home, they must follow the federal and state regulations for how the work is carried out. This includes covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to prevent this from occurring.