Asbestos Liability: Who is Responsible for Asbestos Exposure?

Want to know the liability for diseases related to Asbestos Exposure? While the Asbestos PPE reduces the damage, read on to know about the responsibility of various agencies.

Several industries like mining, plumbing, construction, shipbuilding, etc. relied heavily on asbestos due to its high strength and fire retarding qualities in the late 19th and early 20th century. However, if inhaled, asbestos exposure can contribute to lung diseases in a person. 

Occupational exposure contributes to the most widely seen instances of asbestos-related health issues. As of now, more than 60 countries all over the world have banned the use of asbestos. Although using asbestos PPE can reduce the exposure, you must be aware of the liabilities of different agencies for asbestos exposure.

Who is Responsible for Asbestos Exposure?

While most of the asbestos exposure cases are due to occupational exposure, consumer products can induce second-hand exposure too. Additionally, the health issues of the asbestos exposure take a while to surface. Therefore, it becomes difficult to establish the liability for asbestos exposure. The responsibility of asbestos exposure litigations falls on the following agencies:

1.      Asbestos Mining Companies

Miners working in and around the asbestos mines have a high risk for catching airborne particles filled with asbestos dust. Mining companies that fail to incorporate proper safety precaution and gear are liable. 

The liability of these mining companies not only extends to any injury at work but to any chronic lung disease as well.

Quite often, many mining companies file for bankruptcy to avoid liability claims. However, a company is liable even if it declares bankruptcy. Similarly, in the case of Merger and Acquisition (M&A), the new owner of the company can be held responsible for all exposure-related claims.

2.      Asbestos-based Products Manufacturers:
 

With the entire European Union banning asbestos, the manufacturers of asbestos products are most commonly liable for using asbestos as a raw material.

Despite knowing the health hazards of asbestos exposure, any company that still uses asbestos as a raw material in their products must warn the public. Failing to warn about the ill-effects of asbestos makes a manufacturer liable.

Apart from the manufacturers of asbestos-based products, third party companies that use these products to make consumer goods are liable for health issues resulting from its exposure. 

3.      Employers:

It is the responsibility of an employer to ensure safe working conditions. Safe working conditions means awareness of the potential hazards of asbestos and adequate safety training in its handling.

Workers in mining, refinery, petroleum, etc. industries are at higher asbestos exposure risks. The employers must ensure that proper personnel protection equipment (PPE) like asbestos mask is available to all workers who work in these industries. Failing to ensure the safety of their employees makes these employers liable.

Determining an employer's liability is not a straight forward process. For example, shipbuilding and mining businesses employ contractors for different jobs. Additionally, different companies might hire the same contractor, which further complicates the determination of liability. 

4.      Owners of Properties Contaminated by Asbestos
 

Apart from the employers, the onus lies on the owners of any property that contains asbestos materials as well. Premises owners must exercise care in their use of materials containing asbestos.

If a worker suffers exposure to asbestos at work, his clothing might act as a carrier for asbestos-based lung diseases. This take-home exposure presents a potential risk to the worker's family and makes the premise owner liable. The property owners must provide asbestos protective gear and full face masks to minimize take-home exposure to all workers. 

Since landlords and building owners are responsible for the well being of their tenants and customers, they can be held liable for asbestos exposure at their premises. Even civic bodies like municipality, schools, etc. are liable for asbestos exposure related health issues to their employees as well as visitors.

Conclusion:

While using an asbestos disposal bags can significantly lower the risk of asbestos exposure, you must know your rights to prepare for the worse. 

If you or your acquaintance is suffering from an asbestos exposure disease, the first step is identifying the agency or agencies liable for the compensation. Make sure to consider different agencies mentioned above while planning the legal action for financial recovery.