Asbestos Laws
While a number of countries have banned asbestos however, the United States still uses it. It is used to make, import, process and sell products.
There are a variety of laws that regulate the use, testing, and removal of asbestos. In addition, they cover the ways that victims can hold companies liable for their exposure. A number of laws also set limitations on damages awarded in lawsuits.
Limits on Forum Shopping
Asbestos laws are different for each state and can guide victims who were exposed to asbestos at work. They can also aid those who are seeking legal options in asbestos-related cases. These laws create and enforce rules that govern the mining of asbestos, building inspections, as well as asbestos removal and disposal. They can also regulate and ban certain asbestos-related uses, like insulation and fire retardants.
In addition to the state-level regulations, federal laws also set rules for asbestos. The Environmental Protection Agency (EPA) regulates asbestos in the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989 the EPA tried to establish a comprehensive ban on asbestos by banning all types of manufacturing, processing and distribution of asbestos-containing products. This policy was not fully implemented.
Many plaintiffs have filed lawsuits against companies that manufacture or sell asbestos-containing products. This is especially the case for companies that fail to adhere to the federal and state regulations. These lawsuits, which are often referred to as mass-tort litigation, have become a powerful tool for plaintiffs' advocates within the mesothelioma communities.
A typical mass tort case involves hundreds of defendants. The number of defendants can vary widely based on the area of jurisdiction. In 2016, the average number of defendants in asbestos cases was 27. This is in contrast to 117 defendants in Michigan's Wayne County - the sixth most popular asbestos location - and 212 defendants at West Virginia's Kanawha County - the eleventh most popular asbestos 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 limiting forum shopping and other malpractices asbestos lawsuits can be prevented from requiring huge sums of compensation for victims. They can also keep courts busy with legitimate claims, instead of nuisance or fraud lawsuits. They also help reduce the burden on local courts by limiting asbestos-related cases.
Limitations on Successor Liability
Asbestos was a component of many common consumer and construction products until the end of the 1980s. As the dangers of using asbestos became more widely known and the government began to ban the production, importation and processing of asbestos-containing products. In 1989 the Environmental Protection Agency issued a final rule that would eventually ban around 94% of asbestos-containing products in the United States. This ban was challenged and overturned in court.
Asbestos producers were able to escape liability by filing for bankruptcy protection. When they filed for bankruptcy, the courts ordered them to set up special bankruptcy trusts that would pay claimants pennies per dollar to compensate for their losses. These trusts were designed to reduce the number of claims filed and accelerate the process of compensation. However, the funds these trusts had accumulated did not cover the costs of all those whose lives were affected by asbestos exposure.
The federal government responded by enacting James L. Zadroga 911 Health & Compensation Act in order to assist 9/11 first responders. Mission Viejo asbestos lawyers guarantees that they will continue to receive compensation for their health conditions.
The law also provides new benefits to the surviving families of 9/11 first responders who have died due to an asbestos-related illness. In addition, it boosts the amount of compensation offered to first responders with mesothelioma and other illnesses.
State laws regulating asbestos litigation differ. However, many of them share similar elements. Certain states, like requires that claimants meet certain medical standards prior to filing a lawsuit. Certain states have a two-disease rule that restricts the number of ailments that a person is able to claim.
Certain states have laws that limit 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 for the value of the assets of its predecessor.
In certain states, attorneys are not permitted to select the state in which their client's case will be heard in order to obtain a higher award. This is known as forum shopping. Certain laws prevent plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase the amount they receive.
Limitations on Damages
Asbestos is a carcinogen that poses serious health risks for those who are exposed. To protect the health of the public the federal and state laws restrict its use. People who have been exposed to asbestos can seek compensation for damages. Asbestos lawsuits include claims for asbestosis, mesothelioma and other asbestos-related illnesses. These cases are complex and require skilled mesothelioma lawyers.
The EPA regulates asbestos use and sets standards for testing, inspection, and abatement in buildings that contain the hazardous material. Local and state government also have their own asbestos laws.
California law, for instance it prohibits the sale and distribution of products with asbestos in them. It also requires that all public schools conduct an asbestos inspection every year. The state's Environmental Quality Board also sets standards for asbestos abatement firms.
A number of states have passed laws that limit the amount of damages plaintiffs can receive for personal injury lawsuits. The most commonly used limits are placed on non-economic damages, which compensate victims for irreparable harms such as suffering and pain. Other states cap the amount of punitive damages granted for particularly incriminating actions.
As a way of escaping liability, some companies that were exposed asbestos have filed for bankruptcy. However, victims have a right to sue those who were negligent. To protect victims, the courts have enacted laws which require these companies to provide bankruptcy funds to provide compensation to victims.
Despite the fact that many asbestos lawsuits were settled, others are still being filed. Certain states have attempted to restrict the amount of compensation to victims and accelerate litigation to reduce the number of lawsuits. For instance, a few states have passed laws mandating asbestos victims to report their claims to bankruptcy trusts as well as any settlements they receive.
As more people are diagnosed with mesothelioma, the law is continually evolving. An attorney for mesothelioma can help victims fight for their rights and understand the laws of their respective states. The mesothelioma lawyers of MG Law have years of experience handling asbestos lawsuits. We can help you navigate the process and help you get the compensation you deserve. Contact us for a no-cost consultation today.
Limits on Litigation
Asbestos laws regulate asbestos use, abatement and litigation. The laws vary by state. State laws also establish statutes of limitations which are the time frames for filing lawsuits. The time period for filing mesothelioma cases varies according to the state and type. For instance personal injury claims have a statute of limitation which begins on the day of diagnosis, while wrongful death cases start on the date of death.
Many states have passed laws that limit the damages granted in asbestos cases. The majority of these caps are based upon noneconomic damages such as discomfort and pain, as well as loss of enjoyment. Some states also restrict punitive damages. These are the extra damages that a jury may give if they believe an organization acted in a particularly bad way.
These limitations have had an adverse impact on the number of asbestos lawsuits. They have led to large settlements in cases and clogged court dockets. Many of these lawsuits are filed by outside-of-state plaintiffs. Some states have passed laws to stop this issue. These laws prohibit foreign claimants from bringing large settlements within their territory.
The laws that limit the amount of money a plaintiff receives also help to speed the process of these cases. A mesothelioma lawyer with experience can assist you in obtaining 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 most industrialized countries have banned asbestos, the United States still allows its use in certain products. Generally, asbestos is only allowed in building materials and a limited number of other applications. A mesothelioma lawyer is familiar with state laws and regulations concerning asbestos to help clients get the justice they deserve.