Theories of Liability
In an asbestos lawsuit, a claim that the
defendant caused injury will be made. The most common claims are that the
exposure to asbestos fibers caused either mesothelioma or lung cancer, although
claims for asbestosis exist as well. There are several legal theories that may
be used to recover compensation for injury, or potential injury, from exposure
to asbestos fibers. Some of the more common theories include:
1.
Product liability, where a defective or
unreasonably dangerous product caused injury;
2.
Workers’ compensation, where as a result
of the injury occurring in the workplace, the injured party is entitled to
benefits; and
3.
Premises liability, where property owners
fail to maintain safe conditions.
It is important to note that asbestos litigation
laws vary from state to state. Therefore, you should consult an attorney in
your state to discuss the remedies available.
Challenges to Asbestos Litigation
There are several challenges to successfully
bringing an asbestos litigation lawsuit. To begin, as a result of the potential
extended period of time before the effects of exposure to asbestos fiber begin
to appear, evidence may be difficult to obtain. The more time that passes, the
more difficult it becomes to locate witnesses, defendants, and records. Those
witnesses and defendants who can be found may have difficulty in remembering
details precisely.
Because significant time often passes before the
effects become present, there may be statutes of limitations and statutes of
repose considerations. Simply put, these are deadlines by which a plaintiff
must bring suit. In jurisdictions that require the filing of a suit within a
certain amount of time after exposure, the deadlines for filing may pass before
the effects of exposure to asbestos fiber become apparent. Further, in
jurisdictions that require a suit within a certain amount of time after
discovery of the injury, the victim may not realize the injury is asbestos-related
before the deadline passes.
Another challenging factor is the expense of
asbestos litigation. This type of litigation is scientifically complex and will
likely require the testimony of expert witnesses. In addition, if the defendant
has been forced into bankruptcy, there may be inadequate resources to
compensate the victims. This may result in a successful verdict, but the
inability to collect from the defendant.
We Can Help
The effects of exposure to asbestos fiber can
cause severe, even fatal, diseases. At the Throneberry Law Group, we
understand the difficulty of having to deal with the effects of asbestos-related
lung cancer or mesothelioma. If you believe you have been harmed by exposure to
asbestos fibers and have developed either lung cancer or mesothelioma, please contact
us today.
