What Is Asbestos Liability?
Asbestos liability refers to the legal responsibilities companies have to patients diagnosed with mesothelioma and their families.
Many companies understood asbestos was dangerous but hid the risks from workers and consumers to protect their profits. Asbestos exposure is the only known cause of mesothelioma, so anyone affected by a diagnosis may be able to hold an asbestos company liable.
Key Facts on Asbestos Liabilities
- Parties that can be held liable: Asbestos product manufacturers, suppliers, employers, property owners, and other asbestos-related companies
- Legal options: Mesothelioma lawsuits and asbestos trust fund claims
- Compensation: Over $1 million on average for mesothelioma settlements
- Eligibility: Anyone diagnosed with an asbestos-related illness due to direct or secondhand exposure (or their surviving loved ones)
Holding asbestos companies liable helps victims seek compensation for their medical expenses, pain and suffering, and other losses. It’s also a way to hold these corporations accountable for the harm they’ve caused.
Mesothelioma Hope has partnered with Simmons Hanly Conroy, a leading mesothelioma law firm, to help victims file asbestos legal claims. They can help figure out how you or a family member was exposed to asbestos and which companies may be to blame.
Get a Free Case Review right now to take the first step toward justice and compensation.
Get a Free Mesothelioma Case Review
Determining Asbestos Liabilities
Asbestos liability is rooted in product liability law, which holds companies accountable for manufacturing or selling defective and dangerous products.
Mesothelioma lawsuits are generally based on three legal theories: negligence, strict liability, and breach of warranty.
Negligence
In the context of mesothelioma, negligence occurs when an asbestos company fails to act reasonably to prevent someone from suffering harm. Negligence forms the basis for determining fault and asbestos liability.
Up until the 1980s, thousands of products were made using asbestos, even though many manufacturers were aware of the serious health risks.
To prove negligence, your mesothelioma lawyer must show:
- The company owed you a duty of care.
- They breached that duty by failing to protect you from harm.
- Your mesothelioma diagnosis directly resulted from that breach.
- You suffered damages as a result.
Because mesothelioma takes 10 to 50 years to develop after asbestos exposure, proving asbestos liability can be complex — but an experienced mesothelioma lawyer can help you build a strong case.
Strict Liability
Strict liability means a company can be held responsible for injuries caused by its product, regardless of whether it acted negligently or intended to cause harm. This doctrine is called “liability without fault.”
When lawyers file a mesothelioma lawsuit, the focus is on whether the asbestos product itself was dangerous, not whether the manufacturer knew or acted reasonably.
If a product containing asbestos caused harm, the company can still have mesothelioma liability, even if it took reasonable precautions.
In asbestos litigation, the plaintiff needs only to prove that the company’s actions caused their asbestos-related injuries and damages.
Breach of Warranty
Companies may also be liable for breaching a warranty on the products they sell by failing to uphold claims they made about their effectiveness, functionality, or safety.
There are two types of warranties:
- Express warranties, which are specific promises made about the product
- Implied warranties, which are promises that aren’t stated but understood, like a product being safe for its intended purpose
If an asbestos company states that a product is safe but it actually causes harm, they can be held liable for breach of an express warranty. When workers and consumers trust that an asbestos product is safe to use, companies can be held liable for breaching an implied warranty.
An experienced mesothelioma attorney can determine the theory of asbestos liability that’s most likely to secure the results you deserve.
Download our Free Attorney Checklist to get help finding the best lawyer for your asbestos liability case.
Parties Liable for Asbestos Exposure
Many different types of businesses may be held legally responsible for asbestos exposure that causes mesothelioma and other related illnesses.
Since asbestos was widely used for most of the 20th century — and the fact that asbestos diseases can take decades to develop — product manufacturers, distributors, and employers may still face asbestos liabilities today.
Parties that may be held liable for asbestos exposure include:
- Asbestos product manufacturers: Hundreds of companies manufactured and sold asbestos products for personal and commercial use. Products like auto parts, drywall, insulation, and talcum powder put millions of American workers and consumers in harm’s way.
- Asbestos product distributors and retailers: Companies that distributed or sold asbestos products may also face asbestos liabilities.
- Contractors: Construction companies may be held liable if they installed asbestos-containing materials without proper warnings or protections.
- Employers: Asbestos in the workplace is now heavily regulated to keep employees safe. However, employers who failed to warn employees about the cancer-causing mineral and provide safety training face asbestos liabilities from lawsuits.
- Mining companies: Many mining companies didn’t take steps to protect workers from occupational exposure to asbestos, a naturally occurring mineral. Although the last U.S. asbestos mine closed decades ago, workers and nearby residents are at risk of mesothelioma if they were exposed to airborne asbestos fibers.
- Property owners: Landlords and building owners have a legal obligation to keep their premises safe and remove asbestos hazards using a licensed asbestos abatement company.
While the U.S. military used asbestos products to build naval ships and other assets before the 1980s, it can’t be sued by veterans with mesothelioma. However, veterans can sue the companies that made or supplied the asbestos products used during their service.
An asbestos lawyer can determine the parties responsible for making you sick and work to hold them accountable. Most asbestos lawsuits name a number of asbestos defendants, maximizing the amount of mesothelioma compensation you may receive.
Call (866) 608-8933 right now to see if our partner law firm can help you or a loved one access asbestos liability compensation.
Compensation Options for Asbestos Liability
Asbestos victims may be able to seek compensation through lawsuits and trust fund claims. These mesothelioma claims are filed against the companies that caused or contributed to an asbestos victim’s illness.
Compensation options for asbestos liabilities include:
- Asbestos trust funds: There’s an estimated $30 billion in mesothelioma trusts created by bankrupt companies to pay those affected by asbestos-related diseases. Claimants qualify for $300,000 to $400,000 total on average without going to court.
- Mesothelioma personal injury lawsuits: Patients diagnosed with mesothelioma may be able to file an asbestos injury claim seeking compensation for treatment costs, travel expenses, and pain and suffering.
- Mesothelioma wrongful death lawsuits: Families who have lost a loved one to mesothelioma may be able to seek asbestos liability compensation to cover any remaining medical bills, funeral expenses, and more.
Mesothelioma lawsuits award over $1 million on average, and many families start receiving their first payouts in 90 days or less.
A mesothelioma lawyer can handle all of the legal work involved in an asbestos liability claim, making the process as easy and stress-free as possible.
Get Help Seeking Asbestos Liability Compensation
Asbestos liability laws exist to ensure that the companies that put millions of Americans in the path of danger are made to pay for the damage they’ve caused.
Mesothelioma Hope believes that no one should suffer a preventable illness like mesothelioma, especially when negligent asbestos companies spent decades prioritizing profits over public safety.
Our Patient Advocates are standing by to help those harmed access personalized medical, financial, and emotional support resources during this challenging time.
Call (866) 608-8933 right now or get a Free Case Review to see if we can help you take legal action for mesothelioma.
Asbestos Liability FAQs
What is the liability of asbestos?
The liability of asbestos refers to the legal responsibility that manufacturers, employers, or property owners have for exposing someone to asbestos, a known carcinogen, and causing diseases like mesothelioma.
These corporations knew asbestos could make people sick but failed to warn workers or the public, making them legally accountable.
Is asbestos a legal liability?
Yes, asbestos is a legal liability when exposure causes illness and the responsible parties failed to warn or protect people from known dangers.
Companies that used or sold asbestos-containing products face asbestos liabilities through lawsuits and trust fund claims. These asbestos claims seek to hold them financially responsible for medical costs, lost income, and other damages.
Who is liable for asbestos?
Companies that made, sold, or used asbestos-containing products are typically the ones held liable for asbestos exposure.
This includes manufacturers of insulation, construction materials, automotive parts, and even consumer goods like talcum powder.
Many of these companies knew about the dangers of asbestos for decades but failed to warn workers and the public.
Can I sue if I was exposed to asbestos?
Yes, you may be able to sue if you or a family member were exposed to asbestos and developed a related disease like mesothelioma, lung cancer, or asbestosis.
Many asbestos manufacturers knew about the health risks but kept quiet to protect their profits, which is why they can be sued today.
Asbestos cases have strict filing deadlines called statutes of limitations, so it’s important to reach out to a lawyer as soon as possible. Get started right now with a Free Case Review.
Can asbestos liability be transferred?
Yes, asbestos liability can be transferred, depending on the specifics of the case and the laws that apply.
Asbestos liability may transfer through:
- Corporate restructuring: Some companies have attempted to transfer asbestos liability to a subsidiary through bankruptcy.
- Insurance coverage: Liability may be shared with or transferred to insurance companies that issued policies during the time of asbestos exposure.
- Mergers and acquisitions: If one company acquires another, it may assume that company’s asbestos liabilities.
In some jurisdictions, the original company can still be held liable if a court determines that the transfer is unfair or fraudulent.
How We Can Help
