8 Tips For Boosting Your Asbestos Lawyer Game

Is Asbestos Legal?

Congress has approved a variety of incremental legislation plans, despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary between states, but generally property owners are required to ensure their buildings are safe and inform workers of any possible dangers.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction since it was fire-resistant, chemical corrosion-resistant and insulation. Inhaling asbestos fibers, however they can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 products. If you think your home or workplace may contain asbestos, a licensed inspector should inspect the area. A professional can advise you on what should be done in the event that asbestos is present on your property and work with an abatement contractor if necessary.

You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence, and is based on the fact that the product was dangerous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This obligation can be extended to owners of buildings who employ asbestos when they are aware that third-party employees will use the structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system is criticized for its inconsistency of the system, and because it does not provide future compensation.

Congress considered but failed to pass legislation that would have established an investment fund of $140 billion for asbestos as a substitute for litigation. The bill would have taken funds held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed asbestos was banned since it is no longer a widely used building material. However it is true that the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that asbestos has been linked to cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to work daily on this issue.

In 1989, the EPA issued a regulation that prohibited the production, importation and processing of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act and asbestos lawyer gave the EPA more power to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. The EPA took another major step towards a ban 2019 when it published an official rule that enhances the agency's capability to prevent asbestos-containing products from coming back onto the market.

However, trade organizations are once again trying to stop the EPA's attempt to ban asbestos. These groups claim asbestos bans would affect the supply of chlorine in the country and claim that there are alternatives to asbestos. They have hired experts and consultants to assist them in making their case. They're also looking to lawmakers who have ties to asbestos.

This is a war that our firm has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant step towards ensuring that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is made up of an assortment of minerals that are found naturally and are arranged into long, thin fibres. These materials are known for their strength, flexibility and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it's employed in a myriad of buildings and household items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel that could cause damage to it, you should check with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to see whether you are suffering from symptoms related to asbestos claim exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to evaluate your home. The experts can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed, as long as the proper precautions are taken. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must adhere to all federal and state regulations. This involves properly covering and removing any waste from the project. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases such as lung cancer and mesothelioma. This is why strict regulations are in place to stop this from occurring.

If asbestos is in good condition and isn't disturbed, it may not be a health risk. It is recommended to have any ACM which will be disturbed during renovation or demolition examined prior to you start the work. This will permit the professional to determine whether the material should be removed prior to beginning any work. They will also ensure that it is properly handled, packaged and labeled before being transported and disposed of in compliance with the regulations of the government.

It is illegal to work with asbestos without a permit, and those who violate these rules can face substantial fines. If you suspect improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental quality.

In the process of removing asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. Spraying the material before removal with a detergent or water spray will help achieve this. After the asbestos has been removed, it should be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof vehicle.

In addition, small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages. These are products can be found in stores that specialize in asbestos materials and safety equipment. For more information about how to remove asbestos, see How to Remove Asbestos.