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The importance of determining the source of asbestos in lawsuits

The diagnosis of mesothelioma is devastating. As we covered in the last post, the medical condition—for which there is no cure—is caused by an exposure to asbestos. The exposure can take place decades before the condition is diagnosed and is often tied to one’s employment. Legal action may be taken by the affected person or his or her family, to try to recoup damages for the exposure. Before this can be done however, the liable party must be identified. To accomplish this, the source of the asbestos must be identified.

Since the period of time between exposure and diagnosis can be so long, as readers can well imagine, this is not always easy. It requires a thorough examination of one’s past employment and other situations in which exposure may have occurred. While people who were in the Navy or worked in a chemical or power plant could be diagnosed with the condition, so too could individuals who were exposed as children when they were inhaled asbestos dust stuck on the clothing of a parent.

Another factor that needs to be determined is who is at fault for that exposure. For example, is the basis of the lawsuit product liability? Or premises liability? Workers’ compensation could also be involved.

Working through this process is generally complicated and requires the attention of a lawyer who has experience handling cases of this nature. We understand the ins-and-outs of these types of cases. To learn more about them, please see our website.

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