The Reasons Asbestos Lawyer Is Harder Than You Think

Is Asbestos Legal?

Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated and reviewed.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary by state however, generally property owners must ensure that their premises safe and inform employees of potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once employed in construction because it was fire resistant, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you suspect your home or workplace may contain asbestos, a licensed inspector should examine the area. A qualified professional can help you decide what steps to take should asbestos be present in your workplace or home and work with a contractor if needed.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you if this theory is applicable in your situation. The law also requires that employers provide secure working conditions and safety education to employees. This requirement can be extended to building owners who employ asbestos if they know that third-party employees will use the structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. The system is criticized for the inconsistency of the system, and because it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. This legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought asbestos was banned since it is no longer a common building material. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been proven to cause cancer in any quantity. This is a matter that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.

In 1989, the EPA issued a rule that banned the importation, manufacture and processing of asbestos legal-containing products. However chemical companies filed a lawsuit and the court overturned most of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. In 2019, the EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's capacity to stop asbestos-containing products from returning to the marketplace.

Trade groups are trying to prevent the EPA from bans on asbestos. They argue that a ban would jeopardize the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments and are looking to lawmakers who have ties to asbestos-related industries.

This is a war that our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and dangerous substance in the United States. This is a huge step towards ensuring that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is minerals that occur naturally and are laid out into long, thin fibers. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.

Asbestos can be found in many different types of building and household products. Vinyl floor tiles, asbestos Legal boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibres into the atmosphere. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These lung diseases have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is agitated. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to remodel your home and alter it in any way, consult an asbestos abatement specialist for a thorough examination.

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

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building your employer must provide you with information on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to assess your home. These professionals can test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you take the appropriate precautions. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must comply with all federal and state regulations. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict guidelines have been put in place.

If asbestos is in good condition and is not damaged, it is unlikely to pose a health threat. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected before you start the work. This will enable a professional to determine if the material requires removal prior to starting any work. It will also make sure that it is handled, packed, labeled and shipped in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is in violation of the law, and those who do are liable for heavy penalties. If you suspect that asbestos was not properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To reduce the release of fibers into air, it is crucial to keep the material damp throughout the removal process. This can be achieved by spraying the material with a mist of water or detergent prior to taking it away. Once the asbestos has been removed, it should be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. These are sold at stores which specialize in asbestos materials and safety products. For more information on how to properly cover asbestos and Asbestos Legal dispose of it read How to Remove Asbestos.