Group of Colorado Men Sue BNSF Railway for Asbestos Exposure

Group of Colorado Men Sue BNSF Railway for Asbestos Exposure

By Amanda Antell

Five Colorado plaintiffs are suing BNSF Railway Company for the injuries they allegedly sustained while working for the company. During their time of employment, each plaintiff claims they were exposed to asbestos and developed Pneumoconiosis, an occupational lung disease caused by the inhalation of dust – in this case, asbestos fibers. All five plaintiffs worked for BNSF Railway from the 1970s through the 80s, 90s and 2000s as either a trackman, carman or switchman.

The men allege in the asbestos lawsuit that they had worked in a hazardous environment with no knowledge that they were being exposed to asbestos. The Railway did not notify them of any danger, nor did the company make them aware of any long-term health hazards they may have had to go through in the future, the asbestos lawsuit alleges. So in direct result to BNSF’s alleged negligence, each of the plaintiffs developed severe lung damage.

The Colorado men are suing BNSF for gross negligence for allegedly continuing to use asbestos products, exposing employees to asbestos products, and for failing to remove the asbestos products. The asbestos exposure lawsuit also includes charges of public endangerment and concealing information.

Overview of Complications from Asbestos Exposure 

Asbestos is a group of small minerals with thin microscopic fibers that was popular to use in construction in the 1930s to 1970s. This material was popular due to the fibers’ heat resistant qualities, and because the fibers do not conduct to electricity. Asbestos was popularly used in construction, automotive, and other related industries. It became a major health hazard because if asbestos sites were disturbed, the tiny fibers would be released into the air. 

According to the Environmental Working Group Action Fund, 10,000 people die each year from asbestos exposure in the United States. Despite this, the Environmental Protection Agency has no general ban on the use of asbestos. Asbestos can be found in many homes and buildings that were built before 1970 due to the fact that it was sturdy, cheap to use, and was fireproof. However, it was discovered around 1970 that asbestos is an extreme health hazard, and it became one of the first air pollutants to be regulated under Section 112 of the Clean Air Act of 1970. 

While asbestos is not technically illegal in the United States, it is illegal to remove asbestos without proper warrant and procedure, and it is illegal to unnecessarily expose people to it. This essentially means that if civilians or employees are exposed to asbestos by a company for any reason, then that company is liable for any health injuries those people suffer. 

Furthermore, it is illegal to remove asbestos without government-approved equipment and permits. All asbestos areas must be reported and processed before the asbestos removal process begins to prevent the asbestos fibers from getting into the air, thereby exposing more people to the risk.

The Colorado plaintiffs in this asbestos exposure lawsuit developed a condition known as Pneumoconiosis, which is a lung disease caused by inhaling dust over a long period of time. Other complications caused by asbestos include but are not limited to:

• Asbestosis: Inflammatory condition of lungs that can cause shortness of breath, coughing, and eventual scarring of the lungs.
• Mesothelioma: a rare form of lung cancer that affects the lining of the lungs, chest cavity, or abdomen.
• Lung cancer

Asbestos Lawsuits Continue to be filed

Asbestos litigation is the longest and most expensive mass tort in U.S. history, involving more than 8,000 defendants and 700,000 plaintiffs. Legal experts have estimated that the total costs of asbestos litigation in the United States will eventually reach $275 billion. 

The damages that the Colorado plaintiffs are seeking are for alleged negligence, medical compensation, pain and suffering, and other punitive damages. 

The BNSF Asbestos Lawsuit is Daniel A. Atchison, Benney Gonzales, Paul Gonzales, Lawrence Guererro, and James Silva v. BNSF Railway Company, Case 1:13-cv-02621-MSK, in the United States District Court of Houston Texas. 

Obtain a Free Asbestos Lawsuit Evaluation

If you believe that you or a loved one has been the victim of an asbestos exposure injury, you have legal options. Please visit the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a skilled asbestos lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The asbestos injury lawyers working this investigation do not get paid until you do.

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