In mesothelioma lawsuits, the burden of proof is on the victim
(known as the plaintiff). Simply being diagnosed with mesothelioma is not
enough to make a successful claim. The Throneberry Law Firm has extensive experience
in helping victims of mesothelioma obtain the compensation they need in order
to fight this terrible disease.
Asbestos in Products
The use of asbestos in products was widespread for a majority
of the 1900s. It is not uncommon for people to come across asbestos today,
particularly when renovating homes or other buildings. The theory of product
liability makes manufacturers responsible for certain injuries caused by the
products they make. For example, a defective product that injures people who
use it in the manner in which it was designed to be used may give rise to a
product liability claim.
As part of his or her employment, a person may have used many
different component products in the creation of a new product. The
manufacturers of those products that contained asbestos may be liable to people
who developed mesothelioma due to exposure to asbestos fibers.
Negligence and Strict
Liability
Under a product liability claim, a manufacturer of a product
that contained asbestos may be held liable under the theories of negligence or
strict liability. The elements in a negligence claim include a duty to use
reasonable care, a breach of that duty, a causal connection between the breach
and the injury, and damages. In mesothelioma cases, proving negligence can be
difficult because what constituted reasonable care changed as the dangers of
asbestos exposure became more apparent. A somewhat easier theory to prove a
defendant was at fault is under strict liability.
A plaintiff suing under strict liability
claims that the defendant manufactured an unreasonably dangerous product, which
hurt the plaintiff. Importantly, under strict liability, the defendant does not
need to be aware of the danger or mean to injure the plaintiff. In mesothelioma
cases, a plaintiff claims that a defendant made a product containing asbestos
that the plaintiff was exposed to, and as a result of this exposure, the
plaintiff developed mesothelioma. In a
negligence and strict liability asbestos cases, causation often becomes most
difficult element to prove for the plaintiff.
In other words, the plaintiff must prove the asbestos exposure
from the product caused his or her mesothelioma. This is complicated by the fact that the
effects of exposure to asbestos may not become apparent for several decades.
Because of this long period of dormancy, a defendant may claim that the
plaintiff was exposed to asbestos manufactured by another company and that
those factors caused the development of mesothelioma.
Experts in
Mesothelioma Cases
The attorneys at the Throneberry Law Group have experience
using many different legal theories to help victims recover for their exposure
to asbestos. We would like to put that experience to work for you.
For a no-cost case evaluation, please call us at 888-506-1131
or contact us online.
