Years ago, building contractors were part of the problem, in terms of asbestos exposure. Today, they’re part of the solution, at least in most cases.

Residential real estate buyers and potential buyers recognize the risks of asbestos poisoning, according to a recent nationwide survey. Over 80 percent of U.S. adults believe asbestos testing should be legally required before any sale or renovation, and a third of respondents said they would walk away from a deal if asbestos was discovered. But over 90 percent of current and former owners said they never tested for asbestos, even prior to a sale or renovation project. 

Rising awareness of the ongoing asbestos problem in real estate

As natural disasters like wildfires, winds, and floods disturb aging homes, and as renovation activity on older homes increases nationwide, concern about asbestos is growing — especially among younger generations. Forty percent of Gen Xers said they would walk away from a home purchase if asbestos was discovered and 69 percent of Americans say they are extremely or very concerned about exposure to asbestos in their home. Still, with no federal mandate to test, millions of homes are bought, sold, and remodeled without any asbestos screening at all, leaving millions of people potentially at risk for cancer and other asbestos-related illnesses.

“We’ve seen a surge of wildfire-related rebuilds in California and across the West, as well as a significant increase in older home renovations nationwide,” said Justinian C. Lane, an asbestos safety and legal expert and founder of AsbestosClaims.law. “But hardly anyone tests for asbestos in these cases. That’s a public health oversight, not just a missed checkbox.”

“If there’s lead paint, sellers are required to disclose it,” he noted. “But with asbestos, there’s no such disclosure requirement.”

Asbestos Exposure Illnesses

Customers, whether they’re buying or renovating old homes, are right to be deeply concerned about asbestos exposure. This toxic substance causes a number of serious illnesses which are normally fatal, such as:

  • Asbestosis: When inhaled asbestos fibers or dust pass through narrow airways in the lungs, these toxic particles burn these airways, causing scar tissue formation. Over time, the scar tissue accumulates and blocks these airways. As a result, these victims have extreme trouble breathing, even while at rest, causing their oxygen saturation levels to plummet.
  • Pleural Thickening: Toxic particles also cause inflammation. In this case, the inflammation affects the pleural layer that surrounds the lungs. Sometimes, pleural thickening is a precursor to another illness, usually mesothelioma. Other times, pleural thickening is a standalone condition that compresses the lungs, once again causing severe trouble breathing.
  • Mesothelioma: This rare and aggressive form of heart-lung cancer has an extremely low survival rate. Toxic particles cause tumors to form in the thick membranes of the mesothelium (layer that separates the heart and lungs). These tumors usually grow slowly and then spread quickly. So, when these victims display physical signs of illness, such as general pain and trouble breathing, the cancer is usually in Stage II or Stage III.

50,000 asbestos fibers fit on a U.S. penny in the narrow space between Abraham Lincoln’s nose and mouth. Therefore, these fibers infect many kinds of people.

Occupational Asbestos Exposure – Primary Exposure On the Job

Direct occupational victims include builders who handled asbestos-laced products and people who worked with certain manufactured parts, such as auto parts, with a high asbestos content. Because these tiny fibers are only slightly heavier than air, they floated into parking lots and other common areas, creating indirect occupational victims. 

Open-air asbestos mines were legal in the United States until 2002. Before 1980, floating dust and fibers from these and other hot spots created a generation of environmental exposure victims. After 1980, disasters, like 9/11 and talc-asbestos contamination, created many environmental exposure victims.

Asbestos Regulations

In response to these health issues, the government passed a number of asbestos use restrictions, beginning with the 1970 Clean Air Act and ending with the EPA’s 2024 chrysotile (white) asbestos ban. But these mandates were basically policy statements which the government didn’t aggressively enforce.

Contractor Cleanup

As a result, asbestos in old buildings is today’s and tomorrow’s problem, not yesterday’s problem. As mentioned above, some of the same contractors who once installed asbestos are now charged with safely removing it. Because the risk is so high, consumers are so worried, and the government largely sat on its hands, at a minimum, contractors should conduct asbestos air tests whether owners ask for this service or not.

Additionally, a failure to remove asbestos from a home could create serious liability issues down the road. More on that below.

Proper Asbestos Abatement is Vital

The remediation process begins with an air test, as mentioned above. Sales inspectors should test the air in pre-sale inspections. Renovation contractors should test the air after demolition and prior to renovation. In light of the aforementioned asbestos ban, and since there’s no safe exposure level of asbestos, if the air test reveals even a trace amount, the remediation process should proceed to the next step.

That next step is complete asbestos removal. Contractors must locate, remove, and dispose of asbestos. Asbestos could be almost anywhere, mostly in attic, pipe, or wiring insulation. Asbestos could also be in drywall, concrete, and roof tiles. Because asbestos is so hazardous, removal is a tricky proposition. Because asbestos is fireproof, disposal is almost as difficult as removal. Incineration, the preferred hazardous waste disposal method, usually isn’t available in these situations.

For contractors and inspectors, a positive asbestos air test triggers the duty to warn. This warning fulfills the legal responsibilities of contractors and inspectors. Owners have an additional responsibility to ensure their properties are reasonably safe and secure, which is why they should continue the remediation process after positive air tests.

As a side note, under current law, property owners could be liable for damages even if they didn’t know about asbestos contamination. Constructive knowledge (should have known) is sufficient.

If a victim files a legal action against a contractor, other parties, such as the company that initially provided or installed the asbestos-laced products or a homeowners insurance company, could be partially responsible for damages. Joint and several liability laws vary significantly in different states.The damages available in an asbestos exposure action are usually the same. Compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. An asbestos exposure lawyer usually obtains significant punitive damages in these cases as well.