The Hidden Risks of Exposure to Asbestos in the Workplace

December 13, 2013

Personal Injury

exposure to asbestos in the workplaceAsbestos is associated with a variety of adverse health consequences. When employees are exposed to asbestos in their workplace or a product, they may decide to file an asbestos exposure lawsuit.

Type of Health Consequences

Individuals who are exposed to asbestos may develop lung cancer, mesothelioma, asbestosis and other forms of cancers that are due to asbestos fibers.

Types of Claims Related to Asbestos

Individuals who are working in a building or have otherwise been exposed to asbestos may be able to make a personal injury claim. These types of claims usually fall within three categories: negligence, strict liability and breach of warranty.

Negligence Claims

In order to prevail under this type of claim, a victim must prove that the employer’s negligence caused the victim’s injury. To show negligence, a party must show the employer or owner of the building had a legal duty to secure a safe work environment. Further, the employer or owner of the building violated the duty. This violation proximately caused the injury, and the victim sustained damages.

Strict Liability

Strict liability is often a preferred measure for victims because it does not require as much proof. However, it is only available in certain circumstances. A strict liability case does not require proof that the employer or owner was negligent. Instead, the party must only show that asbestos was in the workplace and this exposure was dangerous to the employee’s health.

Breach of Warranty

This type of claim arises when a product that a consumer buys is defective due to the inclusion of asbestos. A product may be defective if it increases the risk of exposure to asbestos and the risk of illnesses associated with asbestos. An injury victim can bring forth a breach of warranty claim when the manufacturer makes false claims about the products that they make at the time the product is sold.

Help from an Attorney

If you have been exposed to asbestos at your workplace or from a defective product, personal injury lawyers serving St Pete may be able to help. Call Abrahamson & Uiterwyk today at 1-800-753-5203 for a free initial consultation and case evaluation.

Because of the fact that cases involving worker’s compensation injuries and/or may be highly complex and exceedingly specific, our law firm commonly works with other law firms who have considerable experience in each particular case type. Thus, we may be referring these types of cases to a separate firm, with whom we typically associate and work with on a co-counsel basis.

No comments yet.

Leave a Reply