Asbestos Laws
While many countries have banned asbestos However, the United States still uses it. It is used to make, import, process and sell products.
A variety of laws regulate the use, testing, and removal of asbestos. They also address the ways that victims can hold companies accountable for their exposure. A number of laws also set limitations on damages awarded in lawsuits.
Forum Limits Shopping
Asbestos laws are different for each state and can assist victims who were exposed asbestos in the workplace. These laws can also assist those seeking legal remedies in asbestos-related cases. These laws establish and enforce regulations that govern asbestos mining, building inspections, asbestos removal and disposal, and many more. They can also regulate and prohibit certain uses of asbestos, such as insulation and fire retardants.
Federal laws also regulate asbestos. The Environmental Protection Agency (EPA) regulates asbestos in the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989 the EPA attempted to ban all forms of manufacturing and processing asbestos-containing products. However, this policy was never fully implemented.
Many plaintiffs have filed lawsuits against companies that manufacture or sell asbestos-containing products. This is particularly relevant to those who fail to comply with federal and state regulations. These lawsuits are often referred to as mass tort litigation, and are now a key tool for plaintiff advocates in the mesothelioma sector.
A typical mass tort case involves hundreds of defendants. The number of defendants can vary dramatically by jurisdiction. For instance, the average number of defendants named in an asbestos-related case in Madison County, Wisconsin, in 2016 was twenty-seven. That compares to 117 defendants in Michigan's Wayne County, the sixth most frequent asbestos venue and 212 defendants in West Virginia's Kanawha County, the eleventh-busiest asbestos-related venue.
Plaintiff lawyers seek the largest awards possible by filing cases in jurisdictions where the damages awarded are higher. This practice is known as forum shopping, and it can result in inflated awards to asbestos victims. Some states limit forum shopping by requiring that cases be filed in the state where the exposure occurred or by restricting the amount of compensatory damages available to asbestos victims.
By restricting forum shopping and other blunders, asbestos lawsuits can be stopped from requiring large amounts of compensation to victims. These laws also help keep courts busy with legitimate claims, instead of nuisance or fraudulent lawsuits. They also help reduce the burden of local courts by limiting asbestos cases.
Limitations on Successor Liability
Until the late 1980s, asbestos was utilized in a wide range of consumer and construction products. As asbestos' dangers became more widely known and the government imposed a ban on the importation, manufacture and processing of asbestos-containing products. In 1989 the Environmental Protection Agency issued a final rule which would eventually ban 94% of the asbestos-containing products in the United States. The ban was challenged and overturned in the courts.
Asbestos manufacturers were able avoid liability by filing for bankruptcy protection. After they had filed, the courts required them to establish special bankruptcy trusts that paid the claimants pennies per dollar for their losses. These trusts were set up to limit the number of claims filed and expedite the process of compensation. However, the funds these trusts had accumulated were not enough to pay everyone whose lives had been impacted by asbestos exposure.
In response, the federal government enacted the James L. Zadroga 9/11 Health & Compensation Act to assist 9/11 first responders. This law guarantees that they will continue to receive the compensation they deserve for their health conditions.
The law also provides for new benefits for the surviving families of the 9/11 first responders who have passed away due to asbestos-related disease. Additionally, it increases the amount of compensation offered to first responders with mesothelioma as well as other diseases.
State laws regulating asbestos litigation differ. Many laws are similar however, some are different. For example, some states require claimants to meet certain medical requirements prior to making a claim. Some states have a two-disease rule that restricts the number of diseases that a person is able to claim.
Certain states have laws that restrict the liability of successor companies that are acquired through mergers or consolidations with corporate entities. These laws limit the asbestos liabilities of a successor company to the fair market value adjusted to reflect the inflation of the assets of its predecessor.
In certain states, attorneys are prohibited from selecting the state in which their client's case will be heard in order to obtain the highest amount. This practice is called forum shopping. Certain laws prohibit plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase their compensation.
Limits on Damages
Asbestos is a carcinogen that poses serious health risks for those who are exposed. To safeguard public health the federal and state laws restrict its use. Those who have been exposed can claim compensation for their injuries. Asbestos lawsuits include claims for mesothelioma, asbestosis and other asbestos-related diseases. These cases are extremely complex and require experienced mesothelioma attorneys.
The EPA regulates asbestos use and sets standards for testing, inspection and abatement of buildings that contain asbestos, a dangerous material. Local and state governments have their own asbestos laws.
For example, California law prohibits the sale of asbestos-containing products and requires every school have an annual inspection for asbestos. The state's Environmental Quality Board also sets standards for asbestos abatement companies.
Many states have passed laws limiting the amount of damages that plaintiffs can receive in personal injury lawsuits. The most common limits are placed on non-economic damages, which compensate victims for intangible harms like pain and suffering. Other states cap the amount of punitive damages that can be granted for particularly incriminating actions.
To avoid liability, some companies that were exposed to asbestos have declared bankruptcy. Victims are entitled to bring legal action against negligent companies. In order to protect victims, courts have passed laws requiring these companies to fund bankruptcy trusts that compensate victims.
Despite the fact that a lot of asbestos lawsuits were settled, others are still being filed. To prevent the number of lawsuits from filling the court dockets, certain states have sought to limit the amount of compensation available to victims and increase the speed of litigation. Some states, for example have passed laws that require asbestos victims to report their claims as well as any settlements they receive to bankruptcy trusts.
As more people are diagnosed with mesothelioma, the law is constantly changing. A skilled mesothelioma lawyer can assist victims in understanding the laws of their state and advocate for their rights. Our asbestos lawyers at MG Law have years of experience in dealing with asbestos lawsuits. We can help you navigate the process and secure the compensation you deserve. Contact us for a free consultation today.
Limitations on Litigation
Asbestos laws regulate the use of asbestos and how it is disposed of, as well as litigated. The laws vary by state. State laws also set limitations statutes, which are time limits for filing lawsuits. The statute of limitation for mesothelioma cases varies according to the state and type. For Allen asbestos lawsuits have a statute of limitation that begins on the day of diagnosis and wrongful death cases begin on date of death.
Many states have passed laws that limit the amount of damages that are awarded in asbestos cases. The majority of these caps are based on non-economic damages such as pain and suffering and loss of enjoyment of life. Some states also limit punitive damages. These are additional damages that jurors may award if they believe that an entity acted badly.
These limitations have had a negative impact on the number of asbestos lawsuits. They have led to huge settlements in cases and clogged court dockets. A majority of these lawsuits are filed by non-state plaintiffs. To address this issue certain states have passed forum shopping laws that prohibit outside claimants from bringing huge settlements to their state.
These cases are also handled faster when laws that limit the amount a plaintiff can receive are in place. A mesothelioma lawyer can help you receive the compensation you deserve.
Many asbestos lawsuits are filed by people who have developed mesothelioma or other asbestos-related illnesses. These victims often file lawsuits against companies that exposed them to asbestos. Some of these lawsuits are filed as class actions. These lawsuits are based on the theory that one company was responsible for exposing all members of a particular group, such as coal miners or military veterans.
While many industrialized countries have banned asbestos, the United States still allows its use in certain products. Asbestos is generally only allowed in construction materials, and for a few other uses. A mesothelioma lawyer is familiar with laws and regulations of the state regarding asbestos to ensure that clients receive the amount of compensation they deserve.