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January 2015 Archives

Business owner placed on probation for asbestos violation

Any business or property owner that plans to demolish or renovate buildings must take steps to test for the presence of asbestos. This is required because asbestos must be properly handled and removed to prevent the toxic fiber from being released into the air or contaminating soil or water.

Asbestos in elementary schools spawns new kind of damage claim

Most persons seeking damages for exposure to airborne asbestos are well past middle age because the time period between initial exposure and the appearance of active symptoms typically is measured in decades. Now, several claims seeking damages on behalf of children have been filed against a school district by parents of students in three elementary schools where asbestos-containing products were discovered during renovation projects. Although no similar cases are known to exist in North Carolina, these cases may herald the opening of a new front in the long-running asbestos dispute.

Are the most aggressive remedies for mesothelioma always best?

Mesothelioma is a devastating illness; there is no doubt about that. It is aggressive and requires aggressive treatments to help sufferers cope with the painful and serious symptoms. While there is no cure for mesothelioma, there are ways of extending a person's life by slowing the progression of the illness.

Study finds low level of asbestos exposure causes lung changes

A common question for persons in North Carolina who may have worked in close proximity to asbestos-containing products is how much asbestos is dangerous. Doctors and scientists have never reached a widely accepted answer to this question, but a recent study published in a leading medical journal dealing with occupational medicine finds that even relatively low levels of asbestos exposure can cause lung abnormalities.

Asbestos illnesses can move quickly, and so should you

One of the most upsetting lessons people learn if they are diagnosed with an illness caused by asbestos is that it developed as a result of exposure as long as 50 years ago. A unique and tragic characteristic of illnesses like mesothelioma is that sufferers may live for decades without any symptoms that something may be wrong inside their bodies.

Why isn't my property owner removing asbestos in my building?

Home owners, renters and tenants in commercial buildings should be made aware if they will be living or working in a building that contains asbestos. A property owner has a duty to warn people about the presence of asbestos, but many people may wonder why the toxic fiber isn't or hasn't been removed.

Understanding the risks of asbestos in the automotive industry

As we have mentioned in previous blogs, the use of asbestos in products is not completely banned in the United States. Many parts and materials that contain asbestos continue to be used in products that people come into contact with regularly. 

Court rules that 5-day exposure could be cause of asbestosis

Most victims of asbestos-caused illnesses in North Carolina and elsewhere have been exposed to the mineral over a span of many years, and many juries have awarded damages for such exposure. In a remarkable ruling, a Louisiana appellate court has now ruled that five days of intense asbestos product exposure may have been a "substantial contributing factor" to the development of plaintiff's asbestosis.

Jury awards millions to family of lung cancer victim

In our last post, we discussed the impact that a history of smoking could have on asbestos lawsuits filed by victims of mesothelioma and lung cancer. In that post, which can be read here, we noted that it is still possible to pursue successful claims for compensation from parties who made asbestos or employers who were negligent in protecting employees from exposure to the toxic material, even if a victim also smoked. 

Can I still pursue an asbestos illness claim if I smoked?

Making the decision to file a personal injury claim is not something that people typically do on a whim. There are a number of considerations that any person will likely take into account before deciding if they can and want to file a legal claim for compensation. Unfortunately, people can make assumptions about their situation that lead them to believe they cannot file a lawsuit.

Family of school bus driver wins large asbestos verdict

The yellow school bus is a familiar sight on roads all over the United States, including North Carolina. Very few people would suspect that such a common-place vehicle could include materials that might kill its driver. A state court jury has now dramatically altered that assumption by awarding almost $8 million to the family of a deceased school bus driver.

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