How is a defendant’s liability determined in an asbestos case?

Full question:

How is a defendant’s liability determined in an asbestos case?

  • Category: Asbestosis
  • Date:
  • State: National

Answer:

One of the primary questions in asbestos litigation is whether the plaintiff was actually exposed to the defendant’s product. To make the defendant liable, there should be proximity between the plaintiff, and the defendant’s product. People whose work brings them into contact with asbestos and workers who renovate buildings with asbestos in them may inhale fibers that are in the air; this is called occupational exposure. Workers' families may inhale asbestos fibers released by clothes that have been in contact with asbestos-containing materials; this is called para occupational exposure. People who live or work near asbestos-related operations might inhale asbestos fibers that have been released into the air by such operation; this is called neighborhood exposure. In asbestos litigation, the plaintiff must show that occupational or neighborhood exposure to asbestos occurred while working for the defendant.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The amount of money you can receive from an asbestos claim varies widely based on factors like the severity of your illness, the extent of your exposure, and the specific circumstances of your case. Compensation can come from settlements, jury awards, or trust funds set up by companies that have filed for bankruptcy. Some individuals may receive thousands to millions of dollars, but it depends on the evidence presented and the legal process followed.