If you have suffered because of asbestos exposure, you may be wondering what you can do about it. Who is responsible for the costs to your health? What company or manufacturer could be liable for your pain and suffering? These answers to these questions and many others depend on the individual facts of your case. It could be a property owner, employer, manufacturer, or other party that exposed you to this dangerous material.
At Edward O. Moody, P.A., our Arkansas personal injury attorneys know what asbestos exposure can do to your health, your finances, and your family. We seek the maximum compensation possible from those responsible. Schedule a consultation to help determine who may be liable in your case.
1. Asbestos Product Manufacturers
Many manufacturers creates asbestos-containing products over the years. They are one of the primary parties who may be liable for your exposure. Products which expose people to asbestos can include, but are not limited to:
- Brake pads
- Insulation
- Cement
- Roofing materials
- Popcorn ceilings
- Roofing
- Acoustical tiles
- Adhesives
Many of these manufacturers knew about the dangers of asbestos but failed to warn users or implement safety measures. In Arkansas, companies that made and distributed these products could be responsible to you. State law imposes strict liability on these manufacturers, meaning you do not have to prove negligence, just that the product was defective and caused your injuries.
2. Employers and Jobsite Operators
Employers have a legal duty to provide a safe working environment. In Arkansas, employers are expected to protect their workers from known asbestos hazards. If they don’t, they can be liable for the resulting injuries and illnesses. Perhaps they failed to give you protective gear or follow OSHA recommendations.
While workers’ compensation laws may limit direct lawsuits against employers, third-party claims are often possible. For example, if a contractor or equipment supplier contributed to the exposure, they may be sued independently of the employer.
3. Property Owners and Landlords
A property owner could also be responsible, under premises liability law. If the owner knew or should have known about the asbestos on the property, they could be liable if they failed to take reasonable steps to protect you from it or warn you about it.
This is especially true in older buildings, schools, and rental properties where asbestos-containing materials were used. Tenants, maintenance workers, and even visitors may have legal claims if they were exposed due to the owner’s negligence.
4. Contractors and Renovation Companies
Newer products are not allowed to contain asbestos. However, contractors and other workers doing renovations on properties built before these rules are constantly at risk of exposure. Further, negligent renovation companies or contractors may expose others to asbestos as well. Arkansas law requires licensed asbestos abatement professionals to deal with these kinds of buildings and dispose of the materials safely.
Not following these rules can result in both regulatory penalties and civil liability for any resulting health issues.
5. Distributors and Suppliers
Even if a company didn’t manufacture asbestos products, it may still be liable if it distributed or sold asbestos-containing materials without adequate warnings. Arkansas courts have recognized that distributors have a duty to inform users of known risks associated with their products.
6. Successor Companies
In some cases, the original manufacturer or employer may no longer exist. However, successor companies that acquired the assets or liabilities of those entities may still be held accountable. Arkansas courts will examine the nature of the acquisition to determine whether liability transfers.
Contact an Arkansas Asbestos Exposure Attorney and Seek the Compensation You Deserve
Knowing who may be responsible can help you get started on the path to financial recovery. Knowing your job history, exposure history, and more can help identify the liable parties. We work with you to determine exactly how you were exposed and who is to blame.
Let the dedicated personal injury attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.