Who Is Legally Responsible for Mesothelioma?
Not all cancer cases give rise to a personal injury lawsuit. Mesothelioma is different because it is highly correlated with asbestos exposure, making it easier to prove who is legally responsible for causing your cancer. What follows are some of the most common defendants in a mesothelioma lawsuit.
An Employer
Certain jobs are known to carry a high risk of asbestos exposure, which is why PSHA has enacted regulations to protect workers from asbestos exposure in the workplace. Shipyards, construction sites, and manufacturing plants can all have asbestos present. The electricians, plumbers, demolition workers, pipefitters, and shipyard workers who work there are known to have higher rates of mesothelioma.
Older homes can also have asbestos, which is especially dangerous for remodelers who must remove old materials like insulation. (For many years, home insulation was made of asbestos because it is fireproof.) Finally, miners also have a high rate of asbestos exposure. If you have ever worked in one of these fields prior to developing mesothelioma, be sure to contact a lawyer about your legal rights.
Manufacturers of Household Products
It might surprise you to learn that there is no widespread ban on asbestos in the United States. The United Kingdom, Australia, Canada, and the European Union have all banned asbestos. American consumers have been receiving warnings about the dangers of asbestos since the 1970s, but even today, asbestos can be found in certain consumer products.
EPA regulations and state laws have helped to reduce this problem. Still, some manufacturers try to cut costs by using harmful asbestos in their manufacturing processes or final products. It is important for consumers to hold them accountable for these actions in order to protect other innocent victims from developing mesothelioma.
Asbestos is common in home building materials, such as:
- Roofing products
- Siding
- Electric wiring
- Paint
- Cement
- Insulation
- Fireproofing materials
- Boilers
- Caulking
- Ceiling tiles
Children can even be exposed to asbestos at school. Older buildings, especially in underfunded school districts, can have asbestos in the building materials. Even chalkboards can contain asbestos. Because mesothelioma in children is rare, it is important to consult with an attorney experienced in mesothelioma torts if your child were to unfortunately develop this especially aggressive cancer.
The Government
Certain military members are also exposed to asbestos in the course of their official duties. During World War II, the Korean War, and the Vietnam War, asbestos was used widely on a large range of military equipment. Aircraft, ships, tanks, and trucks were all fireproofed using asbestos materials. Even today, military members may be exposed to asbestos in other countries with looser regulations about dangerous materials.
Some estimates say that nearly one out of every three mesothelioma claims is filed by a military veteran. The VA has set disability benefit amounts for veterans suffering from mesothelioma. Mesothelioma has a 100 percent disability rating, and the monthly benefit will depend on how many dependents you have.
This disability is not the only compensation that can be paid. It is also possible to sue the manufacturer of a product that was sold to the military without adequate asbestos disclosures. If the military member dies from mesothelioma, surviving family members can file a wrongful death claim. This claim is generally filed against the manufacturer of the asbestos product, not the military or U.S. government.