Lawsuits for Non-Disclosure of Asbestos
Asbestos is a naturally occurring mineral which has been used to manufacture products such as drywall, plaster, clutch plates, insulation board, ceiling tiles, fire blankets, roofing parts and dental cast linings. Exposure to asbestos can cause a host of health problems. Mesothelioma, asbestosis, lung cancer and pleural plaques. There is no safe level of exposure to asbestos in work environments. Repeated exposure on a daily basis can cause the substance to infiltrate the body. As a result of asbestos-related illnesses, employees and their families often turn to litigation for compensation.
Negligence Lawsuits
Because of its dangerous qualities, the law requires that asbestos within products and in work environments be disclosed to employees and other individuals who will be in the environment. Failure to disclose known asbestos can result in a claim against an employer for negligence. In a negligence claim, the injured party must prove that the defendant had a duty, breached the duty, that the breach caused an injury and damages resulted.
Wrongful Death
Wrongful death cases also stem from environmental and work exposure to asbestos. Mesotheliomia and other asbestos-caused cancers are often fatal. Family members of a victim can sue the responsible party or parties under a wrongful death cause of action. The death must have been a result of a wrongful act or omission, which can include failure to disclose asbestos.
Strict Liability
A strict liability cause of action may result when a manufacturer fails to disclose that a toxic substance such as asbestos is in a product. Strict liability can also be applied to situations where an employer is involved in an inherently dangerous activity. Strict liability does not have the same requirements of a negligence cause of action; the plaintiff need only prove that the defendant was responsible.
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