asbestos lawyer
Asbestos is a mineral that has been used in the manufacture of fire-resistant materials. It is an inexpensive, useful mineral that has played a large part in manufacturing and the construction of buildings. Since the health risks of asbestos have become well known, starting in the early part of the twentieth century, its use has declined. However, there are still many cases of workers being exposed to asbestos for long periods of time and developing subsequent illness, such as asbestosis, lung cancer, or mesothelioma (a rare cancer whose only known cause is exposure to asbestos), which often result in lawsuits. If you have been exposed to asbestos and want to file a mesothelioma claim it is strongly advised you seek legal advice from an mesothelioma lawyer.
One of the most famous asbestos litigation cases took place in 1974. Physicians had become aware of the potentially deadly effects of asbestos on the health of workers who were exposed to it in the first thirty years of the twentieth century, but it wasn’t until the 1930s that lawsuits were successful in suing companies that didn’t protect their workers from this exposure nor offered them compensation when they were denied by their insurance companies.
In this litigation, the plaintiff, Reba Rudkin, sued the Johns Manville Corporation, a manufacturing company located in Pittsburg, California. After nearly thirty years of working in their plant, Mr. Rudkin developed asbestosis, a condition in which asbestos fibers are breathed in and get trapped in the lungs and consequently damage the tissues. People with asbestosis commonly experience shortness of breath and are at higher risk for developing lung malignancies, mesothelioma. Normally, companies like Johns Manville are protected from these types of lawsuits through worker’s compensation programs. However, this case was groundbreaking because the mesothelioma lawyer for Mr. Rudkin were able to argue successfully that the defendant knew enough about the dangers of asbestos and kept these dangers hidden from their employees resulting in an asbestos injury. Charges of fraud and conspiracy were leveled against the corporation for the efforts they made to cover up these dangers.
Another important asbestos case took place in 2005. In this case, known as United States vs. W.R. Grace, owners of a Montana vermiculate mine were charged with contaminating the city of Libby, after their miners were not only exposed to the asbestos present in the vermiculate but also unknowingly exposed their families to it. W.R. Grace was charged with obstruction, fraud, and conspiracy. There were also allegations of violation of the Clean Air Act. This case was groundbreaking because it was filed in criminal court instead of civil court, and was one of the first cases regarding asbestos-related diseases to do so. As a result, the potential punishment included prison sentences for many of the mine’s corporate heads, along with fines. Contacting a mesothelioma lawyer that specializes in asbestos exposure is crucial to the success of your case. Asbestos has a long of history of injured workers who worked at asbestos jobs. Contacting a lawyer for mesothelioma claims who specialized in victims of mesothelioma will likely result in a better outcome.
Because of these and other cases, the Occupational Safety and Health Administration (OSHA) instituted regulations that penalized employers for exposing their employees to asbestos. According to osha.gov, employers must provide a safe workplace free of hazards that can cause illness, injury, or death. At a minimum, employers will face very expensive fines for violating OSHA regulations regarding asbestos exposure. If employees have contracted mesothelioma as a result of exposure it is advised that you contact a mesothelioma lawyer.
Asbestos, however, has not been banned from use and people can still be exposed to it and suffer from disease because of it. Going forward, asbestos litigation in the future is likely to occur more and more often in criminal court, because of legal precedent and also because of the long-standing public knowledge about the dangers of asbestos exposure. Laws about asbestos and new ground breaking cases are making this law more specialized requiring a specialized mesothelioma lawyer to ensure more successful outcomes from your mesothelioma claim.
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