Over the years, many asbestos exposure cases have been litigated, and it is evident through the proceedings that there is a relationship between mesothelioma and asbestos. Unlike criminal law where the focus is harm that was intentionally done, Mesothelioma Law focuses on a different kind of harm known as a Breach of Duty. That is to say, an employer has a Duty of providing a working environment that is free of contaminants. When an employer fails to provide a safe working environment, the “Duty” owed to you has been breached. According to the law of torts and consequently Mesothelioma Law, a lawsuit may proceed. Along the same lines, and under Mesothelioma Law, your attorney will attempt to establish that ‘this’ breach of duty was the immediate cause of your mesothelioma. Bear in mind, asbestos was pronounced dangerous in the 70’s, yet many employers kept on exposing their workers to this dangerous carcinogen.
In Mesothelioma Law, it is evident that mesothelioma cancer occurs when microscopic fibers of asbestos lodge in the outer lung tissue. This being the heart of the litigation, your mesothelioma attorney will attempt to maximize compensation. And keep in mind, the party exposed to the asbestos does not necessarily have to be the one who starts the lawsuit, many families who have lost their loved ones have filled and won lawsuits.
If you ask a mesothelioma lawyer, and as relevant to Mesothelioma Law, you will find that almost every construction product during the industrial revolution utilized asbestos to some degree. It was used in plaster, floor tiles, ceiling and cement. It was also used in insulation for buildings. As a disease, mesothelioma affects health, ability to work, as well as family life. Add to this the medical bills that pile up as a result. In addressing the relevant, and as inherent in Mesothelioma Law, the breaching party must at some point take financial responsibility for the damages caused. Your lawyer’s job and objective is to make sure that you get a compensation that is just. Also, keep in mind that the statute of limitations begins to run when you find out that you have the disease.
Generally, Mesothelioma Law recognizes four kinds of asbestos exposure; these include Commercial & Industrial Exposure, Second Hand Exposure, Commercial Product Exposure and Military Exposure. Unlike Commercial & Industrial exposure where the employer is held to a duty of care, In Commercial Product Exposure, the manufacturer is the breaching party. As observed in a recent ruling. The court argued that the employer and manufacturer of the product could have warned employee of the presence of asbestos in the products used by him.
The court also argued “…Based on their knowledge of the dangers of the asbestos-containing products, it may be shown that both [the manufacturer and the employer] were the causes in fact of [employees’] injuries as a result of their failure to warn him of the product’s dangers.”
Nye v. Bayer Cropscience, Inc., No E2008-01596-SC-R11-CV, 2011 U.S. Dist. Lexis 486 (Tenn. June 7, 2011).
According to Mesothelioma Law, wrongful exposure to asbestos is a liability on the part of the manufacturer if the manufacturer failed to provide warnings that such a product contains asbestos.
To return to the point at hand, regardless of what type of exposure it is, there is the need for financial remedy in all cases under Mesothelioma Law. Keep in mind, as a cancer, medical treatment will be very expensive. By seeking compensation under Mesothelioma Law, you exercise you legal rights and set precedent for those who have been placed in the same financial position. Upon discussing your case with your lawyer, you will be advised of the best course of action. Your lawyer will evaluate your situation and decide whether to settle or go trial. Whether settling or going to trial, your attorney’s job is to secure a settlement that is in portion to the damage. If you have been affected by mesothelioma, take your time to find a lawyer that is well-versed in Mesothelioma Law.
