Types of Asbestos Litigation

Asbestos, at a glance, appeared to be a miracle fiber. These naturally occurring minerals insulated so well they could be used for fireproofing. However, it has since became apparent, even though manufacturers suppressed it, that this material was as deadly as it was useful. As a result, hundreds of lawsuits have been filed by victims of asbestos exposure. These lawsuits can be categorized into several types of litigation, depending on how and where the exposure occurred.

• Companies that made machinery that required asbestos to function
• Property managers who rented homes made with asbestos products
• Manufacturers of respiratory protective gear like gas masks
• Retailers of asbestos-bearing products
• Manufactures of tools designed to machine asbestos
• Banks that financed asbestos-related ventures
• Insurance companies and other companies

The first category — companies that produced machinery which required asbestos to function — often allege in court that they themselves did not manufacture asbestos-bearing parts, nor provided them to the customer. A Washington state Supreme Court case ruled in favor of this defense.

The second category — property mangers — includes a large number of potential defendants, as most housing manufacturer prior to 1980 in the United States has some asbestos components.

Some respiratory protective gear made prior to 1960 actually used asbestos fibers as filters. This includes certain military gas masks and civilian respirators.

Other asbestos exposure lawsuits have gone after the retailers who sold asbestos-bearing products, as well as companies that designed and manufactured tools explicitly for working with asbestos.

Additionally, some asbestos lawsuits have alleged that banks and other financial institutions bear some responsibility for financing ventures like shipbuilding. These lawsuits allege that it was irresponsible for banks and other institutions to finance a possible security interest without investigating the risks involved.

It is also alleged that certain insurance companies willingly conspired to suppress information about the link between asbestos and various diseases. Large insurance companies certainly had a stake in the link between asbestos and cancer.

Asbestos litigation has several additional complications. For example, asbestos-related cancer such as mesothelioma can often occur decades after the initial exposure. This can run afoul of a legal principal known as the “statute of limitations.” These laws are in place to limit the amount of time someone can wait before filing a lawsuit. However, in the case of asbestos mesothelioma litigation, it can greatly curtail victims’ rights. Additionally, many manufacturers of asbestos-bearing products allege that chrysotile, the most common form of asbestos in manufacturing, is not as dangerous as the amphibole form. This has been disputed by doctors and scientists.

If you or someone you love has suffered from asbestosis, lung cancer, mesothelioma or other another asbestos-related cancer, you may not know where to start. You can take the first steps by visiting the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation page. Here, you can enter your information for a free evaluation by an asbestos lawyer who specializes in this type of lawsuit. From here, you may receive guidance on the next steps to take at no out-of-pocket charge to you.