How To Tell If You're In The Right Position To Go After Asbestos Lawyer Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have churned through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the The EPA's list of chemicals that are most important to be evaluated and reviewed.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. State laws differ however, in general, property owners are required to keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers they can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in more than 3,000 items. A qualified inspector should check your workplace or home when you suspect it may contain asbestos. A qualified professional can help you decide what steps to take should asbestos be present in your home or workplace and will work with a contractor in the event of need.

It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some cases, victims might be able to pursue damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation can be extended to building owners who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to fund "bankruptcy funds" which pay injured victim's pennies based on their past losses. This system has been criticized for its lack of transparency and the fact that it does not guarantee future compensation for workers.

Congress was able to consider, but did not pass legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. The legislation would have taken funds held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed that the mineral was not allowed. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work day in and day out on this issue.

The first step towards the ban was in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of most asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's still legal for firms to purchase the material from mining operations and then import it for different purposes.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA made another significant step toward a ban in 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups are trying to prevent the EPA from banning asbestos. These groups claim that a ban could threaten the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to assist them in making their case. They are also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this fight for more than 15 year. lubbock asbestos attorney are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is an important step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to tell if have asbestos

Asbestos is made up of an assortment of minerals that naturally occur and are laid out into long, thin fibres. These materials are known as being tough, flexible and resistant to fire and chemicals. These qualities made them suitable in a number of industrial products, including insulation.


Because asbestos is so versatile, it's employed in a myriad of household and building items. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases may have a long time of latency, and victims may not notice symptoms for 20 to 50 years following exposure.

Many people worry that they might have asbestos in their home. Asbestos in good health is unlikely to release fibers until it is agitated. Examine the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a renovation that could disturb it, you should check an asbestos abatement expert for further inspection.

If asbestos is in good shape, there is no need to remove it. Consult your physician if you are worried about your health. They can recommend a range of tests to see whether you're experiencing symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition states' laws oblige public employees to have the same protections. If you work in a public building that is exposed to asbestos, your employer should provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. The experts can inspect your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe when you take the proper precautions. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the substance. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes properly covering and disposing of any waste from the project. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related illnesses, like lung cancer, and mesothelioma. To prevent this strict regulations have been put in place.

Asbestos that is in good condition and can't be disturbed may be safe for health. However, it is highly recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos expert prior to starting the work. This will let the professional know whether the material should be abated before starting any work. It will also ensure that it is treated, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

It is illegal to work with asbestos without a license and those who break the rules are subject to severe fines. If you suspect that asbestos was improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is essential to keep the material wet during the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it off. After the asbestos has been removed, it should be placed in heavy plastic bags or tarps that are double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

In addition small areas of asbestos that are in good condition can be coated with commercial products designed to make holes or seal the damage. These products are available in stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.