Manufacturers of Asbestos Products Manufacturers of Asbestos Products (article)
Manufacturers of Asbestos Products
Many companies that manufactured and sold products that contained asbestos are solvent companies that may be sued in an asbestos lawsuit depending on the facts of the case. These companies include manufacturers of joint compound, floor tile, roofing and siding materials, caulking, gaskets, packing, insulation, boilers, pumps, valves, turbines and other equipment and materials.
Raw Asbestos Fiber Companies
Several companies who mined and sold large amounts of raw asbestos fiber in the United States can be sued in an asbestos lawsuit depending on the facts of the case. These companies sold asbestos in large bags to companies that used the asbestos to make asbestos-containing products.
Suppliers of Asbestos Products
Depending on the facts of a particular case, companies that did not make asbestos-containing products, but sold them in retail stores or through distribution channels may be legally responsible in an asbestos case. These companies include companies ranging from asbestos insulation distributors who sold and delivered large amounts of asbestos to commercial jobsites to retail stores that stocked and sold various asbestos-containing product lines.
Asbestos Contractors
Companies that used asbestos-containing products on job sites and failed to take appropriate precautions to protect workers in the vicinity may be liable for damages in an asbestos lawsuit depending on the facts of the case.
Premises Owners
The landowner, or premises owner, can be sued in an asbestos lawsuit depending on the facts of the case, including the manner in which the asbestos was used and the role that the premises owner may have played in causing or failing to prevent the unsafe condition.
Designers or Engineers
The company that designed a building and specified the use of asbestos may be liable in an asbestos lawsuit, particularly when asbestos was specified for use in the construction of the building and asbestos-free materials of the same or similar utility could have been specified.
Employers
In most jurisdictions, a person�s employer cannot be sued in a civil action, but rather is only subject to a worker�s compensation claim. However, in some jurisdictions, the employer may be sued in a civil case, depending on the facts and circumstances of the case.
Can more than one company be legally responsible?
Yes. Most of the time, this is the case. In fact, it is well-established that asbestos-related diseases, including mesothelioma and lung cancer, are caused by a person�s cumulative (total) exposure to all asbestos that they had in their lifetime. Commonly, a person�s asbestos exposures come from a large number of products and therefore many companies may be legally responsible. The law in all, or nearly all, jurisdictions recognizes that there can be multiple causes of the same injury.
What evidence is needed for an asbestos claim or lawsuit?
To recover money in an asbestos claim from most bankruptcy trusts, a person must present evidence of a diagnosis with an asbestos related disease and proof of exposure to products from the bankrupt company sufficient to satisfy the rules of the particular trust. For some bankruptcy trusts, proof of exposure may only require evidence that a person worked at a particular jobsite and performed a particular type of work or had regular contact with the work clothing of someone who performed such work. In a civil action, however, the amount of evidence needed for a claim is more demanding. In an asbestos lawsuit, the plaintiff must plead and prove specific legal claims, including, for example, the following.
A common claim in an asbestos lawsuit is �negligence�, which asserts that the defendants (companies being sued) did not exercise reasonable care in manufacturing, selling or using asbestos-containing products. Many companies were negligent because they sold asbestos-containing products without adequately warning about the dangers. In fact, many companies provided absolutely no warnings.
Another common legal claim is �strict liability� or �products liability�, which asserts that the manufacturer or seller of the product is liable for selling a product that was �unreasonably dangerous� or �not reasonably safe� for its intended use.
To satisfy legal claims in an asbestos lawsuit, the person with the asbestos-related disease often gives sworn testimony in a deposition and, if necessary, at trial. The testimony of co-workers or other eyewitnesses may sometimes be available and useful in proving legal claims in an asbestos lawsuit.
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