10 Things Everybody Gets Wrong About The Word "Asbestos Lawyer" Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ from state to state, however, in general, property owners are obliged to keep their properties safe and inform employees of any risks that might be present.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction as it was fireproof, chemical corrosion-resistant and insulates. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 items. A qualified inspector should inspect your home or work place if you suspect that it might contain asbestos. A professional can assist you in determining what needs to be done if this material is present in your property and will collaborate with an abatement company if necessary.

It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, the victims may pursue damages based on a theory of strict liability. This type of claim doesn't require the four elements of negligence to be established, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your case. Employers are also required to provide safe working conditions to their employees and provide adequate education in safety. This obligation can extend to owners of buildings that are constructed with asbestos when it is believed that the building will be utilized by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" which pay victims of injury pennies for their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not pay future workers' compensation.

In a bid to protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. The bill would have taken money kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed that the mineral was banned. However the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the world's anti-asbestos movement continue to fight every day on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos has been added the list that requires a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued a rule that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are safer options than asbestos. They have hired experts and consultants to aid them in making their case. They are also turning on lawmakers who have connections to asbestos.

Our firm has been fighting this battle for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to tell if have Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their strength, flexibility and resistance to chemical and fire. These properties make them useful in a variety of industrial products, such as insulation.

clearwater asbestos lawyer is utilized in many different types of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, as well as other common building materials.


When asbestos is disturbed it releases harmful fibres into atmosphere. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These diseases can be extremely latency-prone and sufferers might not experience symptoms for a period of 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless they are disturbed. Check the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to remodel your home and disturb it in any way, you must consult an asbestos abatement expert to conduct a more thorough inspection.

If asbestos is in good shape there is no reason why you should remove it from your home. Consult your physician if you are concerned about your health. They can perform a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building, your employer must provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed, provided the proper precautions are taken. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their house, they must comply with state and federal regulations regarding how the work is carried out. This includes properly covering and removing all waste from the project. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases such as lung cancer and mesothelioma. This is the reason strict regulations are in place to prevent this from occurring.

If asbestos is in good shape and is not damaged, it is unlikely to pose a health risk. However, it is advised that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before beginning any work. This will enable a professional to determine if the material requires abatement before beginning any work. It also helps ensure it is handled properly, packed, labeled, and transported according to the regulations of the government.

It is unlawful for anyone to work with asbestos without a permit, and those who violate these rules can face substantial fines. If you suspect that asbestos was not properly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material needs to be kept moist all the time to limit the release of airborne fibers. Spraying the material before taking it off with a water/detergent spray will help achieve this. Once the asbestos is removed, it should be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and then disposed in a leak-proof car.

Alternately, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These are sold at stores that specialize in asbestos-related materials and safety equipment. Check out How to Remove Asbestos for more details about how to cover and dispose asbestos in a safe manner.