Many property owners believe asbestos is yesterday’s problem. 

Polio is a good example. A 1950s vaccine didn’t eradicate this disease. In fact, the last reported case in the United States was in 2022. Similarly, a rash of lawsuits and environmental laws in the 1970s and 1980s didn’t force the removal of asbestos from old buildings and other such structures. It simply prevented the further use of asbestos, at least in most cases. 

Biden’s EPA Bans Remaining Asbestos Uses

Now, things appear to be changing. A March 2024 asbestos ban seems to be in a good position to survive a court challenge, despite a skepticism of executive agency power recently expressed by SCOTUS in a case involving regulation of petrochemical giant Chevron. How it will affect this EPA ban remains unclear, but legislation seems to have scaffolded it.

Several years ago, Congress closed the loophole that torpedoes the 1989 ban. Furthermore, in October 2024, advocates filed a legal action seeking to strengthen, not overturn, the asbestos ban. 

Over the long term, the asbestos ban may save lives. Even today, asbestos-laced manufactured parts flood into the United States, mostly from China. However, over the short term, the asbestos ban may cost lives. Asbestos remediation is a very dangerous business, which is why only a certified contractor should handle it. Likewise, legal compensation for asbestos exposure injuries is a serious business, which is why only the best asbestos exposure lawyer should handle such matters.

Asbestos remediation is a very dangerous business,

which is why only a certified contractor should handle it.

Asbestos Removal

For many years, companies laced almost all construction materials with asbestos, even concrete. Before the ban, asbestos removal was a two or three-step process. Now, it’s a mandatory two-step process. 

Then as now, step one is an asbestos air test. Inert asbestos inside walls or otherwise enclosed can’t hurt anyone. But chrysotile (white) asbestos is a crumbly substance that quickly breaks down. Then, the dust and fibers often leak through hairline cracks in walls and ceilings. 

Order an air test; Get a Pro 

If an ambient air test, which should be conducted by a professional, detects any airborne asbestos, the property owner must remove the asbestos.

A few more words about the need for a professional contractor. Asbestos is one of the most hazardous substances on earth. Property owners cannot watch YouTube videos and conduct their own air tests. 

Carefully verify the contractor’s credentials. With the uptick in business, many disreputable contractors may try to take shortcuts and cash in. If that happens, the property owner that hired the contractor could be legally responsible for injuries sustained. At the very least, the property owner gets unwanted negative publicity.

Ban extends to products containing low levels of asbestos.

Before the ban, if the air level was below 0.1 fibers per liter of air, property owners could decide whether or not to remove asbestos. That was the level the Occupational Safety and Health Administration deemed “safe.” Now, any detectable amount triggers mandatory removal.

Asbestos Risks

Legal compliance isn’t the only reason, or even the best reason, to remove asbestos. Property owners should remove asbestos because it’s the right thing to do. Asbestos exposure diseases are so serious that there’s no margin for error. These diseases include:

Mesothelioma: 

Asbestos exposure is the neat-exclusive cause of perhaps the rarest, most aggressive, and deadliest kind of lung cancer. Asbestos fibers alter cellular DNA, causing tumors to form in the mesothelium (membrane layer that separates the lungs and heart). Since these tumors are so hard to detect, by the time doctors realize what’s wrong, the cancer may already be in Stage III or IV.

Asbestosis: 

This lung disease is similar to mesothelioma in many respects. It has a very long latency period (usually at least seventy years). So, by the time doctors diagnose it, treatment options are limited, at best. Asbestosis is a burning in the lung’s airways that produces scar tissue. Eventually, this scar tissue blocks these airways.

Cervical Cancer:

Asbestos fibers increase free-radical particle activity in the body. These particles are almost as carcinogenic as asbestos fibers. These particles range all over the body and could cause cancer anywhere, including the cervix. Asbestos could cause cervical cancer directly too, especially if the victim used asbestos-laced talcum powder.

Because these diseases are so serious, an asbestos exposure lawyer can obtain substantial compensation in court. More on that below.

A lawyer can also obtain compensation for ambient exposure victims. In future years, ambient exposure and property owner liability may collide over 9/11-related claims. During construction in the 1970s, the Twin Towers’ owner used asbestos, even though the hazards of asbestos were well-known at that time. Even if a victim is diagnosed with mesothelioma in 2081, and even if that victim wasn’t in New York City on 9/11, the WTC property owner could be legally responsible for damages.

Remedies Available

If asbestos poisoning occurs, an insurance company usually pays all litigation expenses for property owners. That includes hiring a lawyer. Poisoning victims, on the other hand, can depend on an asbestos exposure lawyer.

First, a lawyer connects victims with doctors who are on the cutting edge of mesothelioma and other diseases. Frequently, these doctors are very familiar with treatment programs that other doctors may know nothing about.

Next, a lawyer identifies the responsible party. In many cases, this process is extremely long and drawn-out. But our legal team uses advanced technology to connect the dots between exposure and source. As part of this process, our team works with top experts in the field, such as industrial hygienists, who help us build a strong, evidence-based case.

Once medical treatment is addressed and all elements of the case are in place, meaningful settlement negotiations begin. If liability (legal responsibility for injury), damages (amount of compensation), and other key issues are undisputed, the defendant may settle the claim within weeks. However, almost no injury case is undisputed.

Therefore, victims must go through the legal claims process. This process usually includes mediation, which is a series of court-supervised negotiation sessions. During these negotiations, both sides have a duty to negotiate in good faith. Since the defendant must compromise to make settlement, mediation is about 90 percent successful in civil cases.