Many people believe that asbestos is yesterday’s problem. That’s understandable. Environmental laws in the 1970s reduced asbestos use and lawsuits in the 1980s put many asbestos providers out of business. Then, a new round of laws in the 1990s required asbestos abatement and banned asbestos mining. But these changes left private residences built before 1978, which make up almost two-thirds of the houses in America, largely unaffected.

El encubrimiento de la industria del asbesto

Back then, asbestos companies still discredited scientific studies and otherwise kept a lid on the massive public health problem asbestos use creates. More on these public health problems below. Therefore, houses built before 1978 usually had asbestos in the attic, walls, ceilings, roofs, and other areas of the house.

Asbestos in the walls doesn’t just mean possible health hazards for visitors and residents. It also means liability issues for homeowners. Asbestos providers are the natural target for liability lawsuits. But many of these companies declared bankruptcy in the 1980s. Victims who file legal actions today might target homeowners. The homeowner could be liable for damages even if s/he didn’t know about asbestos contamination.

In short, asbestos exposure victims need compensation and homeowners need to avoid liability risks. This post addresses both issues. Victims are eligible for compensation, even if the asbestos exposure occurred decades ago. And, by following a few simple guidelines, homeowners can successfully remove asbestos.

Asbestos Exposure Health Issues

The body cannot process toxic particles, like asbestos fibers. Instead, this foreign substance remains in the body, causing serious health issues like:

  • Mesotelioma: 

This rare and aggressive form of heart-lung cancer is probably the most serious asbestos exposure illness. Standard cancer treatments don’t affect these tumors. By the time doctors detect them, they’re too big to shrink with chemotherapy drugs, and radiation damages the heart and lungs. Therefore, surgery isn’t an option.

  • La Asbestosis: 

Asbestos fibers burn narrow breathing passageways in the lungs, creating scar tissue. The scar tissue builds up and blocks the breathing tubes. Technically, asbestosis is treatable, but only by radical and risky surgery. Many asbestosis patients are over 75 and have other health conditions, so they aren’t good candidates for this surgery.

  • Engrosamiento pleural: 

Asbestos fibers could also inflame the pleural lining around the lungs. The additional pressure makes breathing quite difficult. Sometimes, pleural thickening is a standalone condition. Other times, it signals further trouble to come, like asbestosis or mesothelioma.

As mentioned, many asbestos exposure victims are over 75. Mesothelioma and other diseases have very long latency periods, usually more than fifty years. In most states, these victims are still eligible for compensation, even if the statute of limitations expired many years ago.

These victims have legal options, one of which is filing a legal action against the home or business owner where the exposure occurred. But owners have the power to reduce their liability exposure.

In most states, property owners are liable for damages if they knew, or should have known, about the injury-causing hazard, which in this case is asbestos contamination. An asbestos audit is the best evidence of actual knowledge. A pre-1980 construction date could be sufficient evidence of constructive knowledge (should have known), especially since the standard of proof in a civil claim is only a preponderance of the evidence (more likely than not).

Because of the aforementioned long latency period, asbestos exposure illnesses often blindside victims and their families. For the same reason, asbestos exposure lawsuits often blindside home and business owners. Generally, so much time has passed that structure ownership has usually changed hands at least once.

Frankly, a legal action against the property owner is usually the last option for asbestos exposure victims. 

Ambient (environmental) exposure victims often file claims against the company that provided the asbestos-laced material. If that company is no longer in business, a victim compensation fund claim might be an option. Compensation is available if the victim links his/her illness with a specific product.

Non-ambient (work or service-related) exposure victims typically file workers’ compensation or VA disability claims. These victims don’t have to prove cause to obtain compensation for lost wages and medical bills.

Asbestos Abatement in Houses Built Before 1978

Since the 1970s, lawmakers have passed various measures limiting asbestos exposure. But these laws have stopped short of a ban. So, lots of asbestos is still out there.

Reducing liability risk is just one reason to abate asbestos in your home or business. As the structure ages, the liability risk increases, because hairline cracks and other problems become more common.

Many Upsides to Testing for and Removing Asbestos from your Property

Removing or otherwise addressing asbestos also gives residents and tenants peace of mind. It’s very stressful to know that you live in an asbestos-laced house or work in an asbestos-laced building. Additionally, it’s very difficult to lease or sell property that’s essentially a toxic waste dump.

Testing the air for asbestos is usually the first step in the abatement process. Most owners focus on the HVAC system, including the air ducts, which is the hottest part of the dwelling and therefore the area most likely to contain asbestos. If the air quality test shows an asbestos level above 0.1 fibers per cubic centimeter, which is the legal limit, property owners should proceed to step two.

The Importance of Using a Pro for Asbestos Abatement

Un licensed contractor gives home and business owners several abatement options. Complete removal is usually the best option. If cost is a factor, other alternatives, like encapsulation, are available. Encapsulation is basically sealing a wall, duct, garage, or any other area that contains asbestos. These fibers aren’t harmful unless people come into contact with them.

Step three is removing asbestos fibers from the air. Asbestos fibers are so small that they’re only slightly heavier than air. If a fiber finds its way onto clothes in a closet or a vehicle in a garage, there’s no telling who it might infect. Property owners could be legally responsible for such infections.