The use of asbestos in products such as concrete, bricks, pipes, in addition to some other building materials has made way for a large amount of litigation on asbestos-related diseases in addition to deaths. which litigation can help victims of the chemical in addition to their families find some sort of meaning in addition to relief by the toxic material. Litigation on asbestos, however, can be very difficult both because the asbestos-related damages did not result by one particular, identifiable act, in addition to because which can be not only the companies which produced the asbestos which are guilty- which can be also those which used in addition to marketed which.
A recent case contains both of these difficulties. Phillip Graf was exposed to asbestos for a period of 30 years while working in several jobs including metal works in addition to drywall. Such extended exposure to such toxic material places one at risk of contracting mesothelioma, a rare form of cancer. Graf suffered by mesothelioma in addition to later died by the disease. His family, Beatrice, Doryk, in addition to Paulette Graf are suing in response to his death. They have named 29 defendants within the case, including Benjamin Moore & Co. in addition to Metropolitan Life. The Graf family claims which the defendants are not only guilty of designing, manufacturing, packaging, transporting, in addition to selling asbestos products, however also aiding in addition to abetting the marketing of asbestos products.
In a traditional personal injury case, the damage results by one particular act, however in asbestos cases such as Phillip Graf’s, the damages occurred over periods as long as 30 years or longer. What can be worse, typically problems which result by asbestos exposure take years to show. Mesothelioma itself can be impossible to detect early on in addition to its symptoms are similar to some other diseases, so patients are frequently misdiagnosed. All of which makes which very difficult for plaintiffs to prove which their health problems resulted by asbestos exposure in addition to then link which asbestos exposure to the actions of the defendants. within the Graf case, the Graf family will have to show which the suffering in addition to death Phillip Graf endured by his mesothelioma was caused by asbestos exposure, in addition to which the named defendants caused which exposure.
In one case of asbestos exposure a large amount of defendants may be guilty based upon their involvement within the asbestos use. Unfortunately, an employee cannot typically sue in addition to employer for asbestos exposure because of the Louisiana Workers Compensation Act which requires which such injuries be addressed through workers compensation, not tort suits. As a result, which can be important to find some other theories of liability on which a victim can sue.
The easiest potential defendant can be the building owners, if they are different by the employer. In Phillip Graf’s case, which could be the person or corporation which owned the building in which he was exposed to asbestos. Building owners are strictly liable for damages caused by asbestos on their property.
within the past, most litigation on asbestos focused on the companies which produced asbestos products. However, because of asbestos-related suits, many of these companies have since gone bankrupt. Some plaintiffs have attempted to draw even further chains of causality, suing manufacturers of products used in conjunction with some other manufacturers’ asbestos products, such as the manufacturers of pumps in addition to valves. Whether these companies can be liable for failure to warn of asbestos-related hazards in products made by others can be still in contention. No matter the theory of liability, as we have illustrated before, to be liable the defendant’s conduct must be a substantial factor within the harm. Thus, for example, for Metropolitan Life, the Graf family will have to show which the company’s aiding in addition to abetting of the marketing in addition to negligence related to asbestos products was a substantial factor in Phillip Graf’s contraction of mesothelioma.
As cases such as Graf’s show, with the many liability strategies in addition to the problems which arise over the timing of exposure in addition to the development of the disease, litigation in asbestos cases can become extremely complicated. In order to fully protect in addition to preserve your rights in an asbestos case, you need to be sure to retain an attorney who can be familiar with the many complexities of asbestos cases.
If you have questions about your asbestos case, call the Berniard Law Firm today toll-free at 1-866-574-8005 in addition to speak to an attorney with experience trying such cases.
Comments
Post a Comment