Sunday, February 26, 2017

Arizona Supreme Court Agrees to Hear “Take Home” Asbestos Exposure Case

JusticeThe Arizona Supreme Court recently agreed to hear the mesothelioma cancer lawsuit of a man who claims he developed serious health issues from asbestos dust brought home by his father while working in an industrial plant. The case could set an important precedent that would allow thousands of other mesothelioma cancer victims to sue for damages and hold wrongdoers accountable for their careless actions.

Commonly referred to as “take home” exposure, this type of mesothelioma cancer lawsuits is a serious point of contention for asbestos companies trying to skirt responsibility for the harm caused to innocent people. While many states like California, Tennessee, and New Jersey have laws on the books allowing take home exposure victims to hold asbestos companies responsible, Arizona has no such law.

Survivors Continue Claim on Behalf of Deceased Relative

The case goes back to 2013 when the plaintiff filed his lawsuit against Reynolds Metal Co., claiming his father’s work clothes were covered in asbestos dust, leading to his devastating mesothelioma diagnosis. When the plaintiff passed away in 2014, his survivors continued the lawsuit on behalf of the estate to carry on his legacy and get justice by recovering for the deceased’s medical bills, lost wages, and other damages.

Many companies once used asbestos in a variety of applications, including industrial and consumer products, knowing full well the white, flaky mineral posed serious health risks but continued its used for decades. Asbestos has been linked to victims developing mesothelioma, an extremely rare form of cancer commonly affecting thin linings of skin around the lungs and abdomen and can take years to show symptoms before victims receive a diagnosis.

Do Asbestos Companies Owe a Duty to Protect Against Secondhand Exposure?

The plaintiffs claimed the defendant owed a legal duty to ensure its work site did not pose a threat to the general public and this obligation was breached by allowing workers to leave its facilities covered in deadly asbestos.However, the case experienced a setback in 2016 when a state Appellate Court ruled against the plaintiffs on the grounds that the suit lacked statutory authority to hold Reynolds accountable for the asbestos exposure.

Furthermore, the Appellate Court expressed concern a ruling for the plaintiff would open up the floodgates for thousands of other plaintiffs to sue various asbestos companies for damages due to take home or secondhand exposure. It is unfortunate that the Appellate Court would take such a stance, especially when it comes to holding negligent parties accountable, promoting public safety, and ensuring victims have the legal recourse to recover for damages.

Nationwide Mesothelioma Cancer Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.


Arizona Supreme Court Agrees to Hear “Take Home” Asbestos Exposure Case