{"id":13178,"date":"2023-03-31T12:25:39","date_gmt":"2023-03-31T18:25:39","guid":{"rendered":"https:\/\/www.asbestosclaims.law\/?post_type=blog&p=13178"},"modified":"2023-03-31T12:27:53","modified_gmt":"2023-03-31T18:27:53","slug":"an-overview-of-second-hand-asbestos-exposure-lawsuits","status":"publish","type":"blog","link":"https:\/\/www.asbestosclaims.law\/es\/asbestos-blog\/una-descripcion-general-de-las-demandas-por-exposicion-al-asbesto-de-segunda-mano\/","title":{"rendered":"An Overview of Second-hand Asbestos Exposure Lawsuits"},"content":{"rendered":"\n
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If your household member worked around asbestos, you may also have been exposed.<\/h2>\n<\/div>\n\n\n\n
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Also known as secondary asbestos exposure, household and domestic exposures, second-hand exposure accounts for 20% of asbestos illness cases worldwide.<\/h3>\n\n\n\n

Many asbestos injury<\/a> claims settle before either side files legal paperwork. So, it\u2019s hard to know how many victims file asbestos exposure lawsuits. The money at stake is another matter. According to one study, the average asbestos settlement is over $1 million<\/a>. The three kinds of lawsuits below account for most of these settlements.<\/p>\n\n\n\n

Before we go further, we should discuss some non-lawsuit options. Several large asbestos processors declared bankruptcy in the 1980s. A federal judge<\/a> only approved this move if these companies established an asbestos exposure trust fund<\/a>. <\/p>\n\n\n\n

Some victims are eligible for money from this multi-billion dollar fund. In a few other cases, especially if an attorney \u201cencourages\u201d this behavior, a company or homeowner immediately does the right thing and compensates victims before things go further.<\/p>\n\n\n\n

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If you may have been exposed to asbestos, speak with your healthcare provider about tests and screening to help detect the presence of asbestos fibers and <\/strong>asbestos-related diseases<\/strong><\/a>.<\/strong><\/strong><\/p>\n<\/div>\n<\/div>\n\n\n\n

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Defective Product<\/h2>\n<\/div>\n\n\n\n
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Most residential and commercial buildings constructed before 1980 contained lots of asbestos. Because of this mineral\u2019s low cost and fireproofing effectiveness, builders overlooked serious safety concerns. Asbestos exposure diseases, like mesothelioma<\/a>, have very long latency periods. Therefore, victims who were exposed around 1980 might just now be showing signs of this disease.<\/p>\n\n\n\n
Builders stopped using asbestos around 1980. But they didn\u2019t remove the asbestos they installed. A tiny crack in a wall could release toxic asbestos fibers into the air. Renovation and demolition workers face even greater exposure risks, as outlined below.<\/p>\n\n\n\n
For victims, these lawsuits are often straightforward. Usually, victims must only prove exposure<\/a>. The dangers of asbestos have been widely documented. Additionally, these victims usually don\u2019t have to prove negligence or fault, at least for liability purposes. Most product makers are strictly liable for any damages their defective products cause.<\/p>\n\n\n\n
Negligence could be important regarding damages<\/a>. If there\u2019s evidence the defendant intentionally disregarded a known risk, jurors often award additional punitive damages.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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Do You Qualify For Compensation?<\/p>\n        
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.<\/p>\n        FREE SEARCH > <\/a>\n    <\/div>\n\n\n\n
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Negligent Homeowner<\/h2>\n<\/div>\n\n\n\n
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Legal actions against asbestos manufacturers are quite complex. These multinational companies have almost limitless resources with which to fight these claims<\/a>. So, from a practical standpoint, actions against individual negligent homeowners are a little less complex. However, from a legal standpoint, things are different.<\/p>\n\n\n\n
Even if there is asbestos exposure, in many lawsuits, the person injured must prove negligence.<\/h3>\n\n\n\n
If asbestos leaks out of walls, roofs, or other places, and a victim gets sick, the victim must prove negligence. Most states require business-owners and homeowners to address health hazards, like potential asbestos exposure. Depending on the facts of the case, this requirement could include:<\/p>\n\n\n\n
  • Sectioning off a wall or other area that contains asbestos,<\/li>
  • Painting over or otherwise covering up the dangerous area,<\/li>
  • Removing the wall or other hazardous area, or<\/li>
  • Vacating the premises. <\/li><\/ul>\n\n\n\n
    Additionally, the victim\/plaintiff must prove, by a preponderance of the evidence, that the owner knew, or should have known, about the asbestos exposure hazard.<\/p>\n\n\n\n
    But there are over $30 Billion asbestos compensation that is unclaimed and still available, often without a lawsuit.<\/h3>\n\n\n\n