8 Tips To Increase Your Asbestos Lawyer Game

Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals, despite the fact that asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA’s prioritization list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. 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 among the naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can advise you on what to do when asbestos is found in your workplace or at home and will collaborate with a contractor should it be necessary.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain instances, victims may seek compensation under a doctrine of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain the different types of negligence and strict liability and advise you on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation could be extended to building owners who use asbestos, if they are aware employees from other companies will be using those structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do so are required to fund specific “bankruptcy trusts” which pay victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency and Asbestos Legal the fact that it does not provide workers with future compensation.

Congress was able to consider but did not adopt, legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts and insurance companies to pay victims. It was not supported by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and many Americans might have believed that the mineral was banned. The United States is one the few industrialized nations that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work every day on this issue.

The first step toward an end to the ban came in 1989, when the EPA issued a rule banning the production, importation and processing of all asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it’s legal for companies to purchase the material from mining operations and import it for other purposes.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. The EPA took another step towards a complete ban in 2019, when it released a final rule that bolsters the agency’s capability to prevent asbestos-containing products from resurfacing on the market.

Trade groups are trying to block the EPA from prohibiting asbestos. The trade groups argue that a ban could threaten the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to aid them in making their argument. They’re also looking to lawmakers who have ties to asbestos.

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

How to Tell if you have Asbestos

Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. These minerals are regarded as being flexible, strong 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 employed in a variety of household and industrial products. Examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibres into air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses can be long-lasting, and victims may not notice symptoms for a period of 20 to 50 years following exposure.

Many people are concerned about asbestos litigation in their homes. In most cases asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to remodel your house and alter it in any way, it is recommended to consult an asbestos removal expert for a second inspection.

If asbestos is in good health, there is no need to eliminate it. Talk to your doctor if are concerned about your health. They can conduct various tests to determine if you suffer from symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public facility where you are exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental company to evaluate your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe provided you follow the correct precautions. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes properly covering and disposing of all waste resulting from the project. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To stop this from happening strict regulations have been put in place.

If asbestos is in good shape and isn’t damaged, it is unlikely to pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you begin your work. This will allow the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is properly handled, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

It is illegal for anyone to work with asbestos without a permit, and those who violate the rules are subject to severe fines. If you suspect that asbestos was improperly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To reduce the release of fibers into air, it is important to keep the material hydrated throughout the removal process. Spraying the asbestos prior removal with a detergent or water spray will help achieve this. After the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal damage. They are available in stores that specialize in asbestos materials and safety equipment. See How to Remove Asbestos for more details about how to cover and dispose asbestos in a safe manner.