10 Asbestos Lawyer Tricks All Experts Recommend

Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary state-to-state however, generally property owners are required to keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a class of naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health problems including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what must be done in the event that asbestos is present on your property and collaborate with an abatement company in the event of a need.

It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and is based on the fact that the product was dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise whether this theory applies to your particular situation. The law also requires employers to provide safe working conditions and safety training for their employees. This obligation can extend to owners of buildings where asbestos is used when it is determined that the buildings are utilized by third party employees.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies who use this method are required to fund "bankruptcy funds" which pay injured victims pennies for their previous losses. This system is often criticized for the lack of transparency, and since it doesn't cover future compensation.

To protect the public, Congress has considered but failed to approve legislation that would create a $140 billion asbestos trust fund in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have thought asbestos was banned since it's no longer a commonly used building material. 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 day in and day out on this issue.

In 1989 the year 1989, the EPA issued a regulation that prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. The EPA made another significant step towards a complete ban in 2019 when it published the final rule, which strengthens the agency's capability to prevent asbestos-containing items from returning to the market.

However, trade organizations continue to block the EPA's effort to prohibit asbestos. These groups claim the asbestos ban would affect the supply of chlorine in the country and claim that there are safer options in place of asbestos. They have hired experts and consultants to assist them in making their case. They're also reaching out to legislators with ties to asbestos.

This is a war that our company has been involved in for more than 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is a significant step to ensure that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is a grouping of minerals that are naturally occurring and are laid out into long, thin fibres. These materials are well-known for their strength, flexibility and resistance to fire and chemicals. These properties make them useful in a number of industrial products, like insulation.

Because asbestos law is so versatile, it's employed in a myriad of household and industrial items. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles or Asbestos legal shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos case is disturbed it releases dangerous fibers into the atmosphere. Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These illnesses have a long period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning to remodel your home which could impact it, you should check with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good shape there is no need to remove it. If you are concerned about your health, you should consult a doctor. They can conduct a variety of tests to see whether you're experiencing symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in a public building in which you are exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. You should also call an environmental inspector to assess your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe if you take the right precautions. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must follow federal and state regulations on how the work is carried out. This includes covering up all waste generated by the project and disposing it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related ailments, such as lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.

If asbestos is in good condition and isn't disturbed, it may not be a health risk. However, it is advised that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before beginning any work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the guidelines of the government.

Anyone who uses asbestos without a permit is in violation of the law and those who violate it face heavy fines. If you suspect that asbestos has not been properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the asbestos with a detergent or water mist prior to removing it. After the asbestos is removed, it needs to be placed in thick plastic bags or tarps double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof car.

In addition small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. They are available in stores that specialize in asbestos-related materials and safety equipment. See How to Get rid of Asbestos to learn more on how to cover and dispose of asbestos properly.