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Who Is Responsible for Premises Liability Asbestos Cases?

On Behalf of | Jul 13, 2022 | Premises Liability

Workers are entitled to safe job environments. The owners of contaminated buildings or toxic materials are responsible for protecting against human exposure to cancer-causing asbestos.

Pennsylvania is known for having high rates of asbestos exposure. Due to high-temperature processing industries like steel refineries and shipbuilding, asbestos was used heavily throughout the 20th century. The tragic impact of asbestos-related diseases is wreaking havoc on communities and families.

The D’Amico Law Offices have extensive experience securing financial support for those affected by asbestos exposure. Our premises liability asbestos lawyers are here for a free consultation to discuss the details of your asbestos injury or mesothelioma case. To schedule a case evaluation, call 412-906-8180.

What Is Asbestos Liability Law?

Asbestos liability law holds companies legally responsible for asbestos-related injuries, illnesses, and death. In Pennsylvania, asbestos-related death rates are 51% higher than the national average. Most asbestos liability cases result from occupational exposure.

There are two ways to hold parties accountable in a premises asbestos liability lawsuit:

  • Negligence: Involves a failure to use reasonable care, resulting in damage or injury to another
  • Strict liability: Legal responsibility that does not depend on actual negligence or intent to harm

Asbestos exposure has been linked to numerous work sites, homes, and buildings. There may be more than one responsible party in many premises liability asbestos cases. Recently, the Pennsylvania Supreme Court redefined how damages are recovered in asbestos cases involving multiple liable parties (see below for further details on that decision).

Who Can Be Held Liable for Mesothelioma Injuries?

Various property owners can be held liable for mesothelioma injuries in premises liability asbestos cases, including owners of:

  • Shipyards
  • Chemical plants and refineries
  • Rental property landlords
  • Steel mills
  • Power plants
  • Coal mines

Asbestos exposure has been confirmed at numerous industrial sites across the Rust Belt states.

D’Amico Law is a family firm that is deeply tied to our community in Pennsylvania and surrounding Rust Belt areas like West Virginia and Eastern Ohio. We are committed to securing compensation for your injuries, justice for your family, and higher safety standards for your coworkers and neighbors.

How Are Damages Awarded in Asbestos Negligence Cases?

Damages in premises liability asbestos negligence cases are apportioned by a percentage of fault. Under negligence liability, the claimant’s lawyers must establish that:

  • The defendant owed the claimant a duty of care
  • The defendant knew or should have known about the asbestos exposure, and failed to warn or correct the danger
  • The claimant’s injuries were caused by asbestos exposure
  • Those injuries cost the claimant in money, time, health, and/or quality of life

If you or a loved one have suffered injuries due to premises liability asbestos exposure, the D’Amico Law Offices can ensure all possible liable parties are on the verdict sheet to maximize your compensation.

Settlements and damages awards can cover costs like:

  • Medical bills and lost wages
  • Pain and suffering, including PTSD or depression
  • Wrongful death expenses for funeral costs, loss of income, and loss of companionship

Did the PA Supreme Court Ruling Change Asbestos Liabilities Definition?

In William C. Roverano, the Pennsylvania Supreme Court changed how monetary damages are awarded in asbestos claims involving multiple liable parties.

Previously, courts held that damages under strict liability would be allocated to each responsible party by the percentage of fault. Additionally, liable bankruptcy trusts were excluded. Under strict liability, if the property is proven inherently or abnormally dangerous, the claimant does not have to establish that the defendant breached their duty of care.

The PA Supreme Court reversed a lower court’s ruling and held that all responsible parties would pay an equal share of damages awarded in strict liability cases. The court also found that bankruptcy trusts may be included on the verdict sheet.

If I Am Exposed to Asbestos at Work, Can I Sue?

If you are exposed to asbestos at work, you may have the right to sue your employer. Under premises liability, you may file against the owner of your job site.

Speak to one of our premises liability asbestos attorneys today. Depending on the circumstances, your claim may follow negligence or strict liability laws. It is important to uncover every liable party and possible bankruptcy trusts for your case.

At D’Amico Law Offices, our lawyers have successfully recovered compensation for asbestos injuries and mesothelioma cases. Please call 412-906-8180 to schedule a free consultation — we are ready to help you, your family, and your community find justice under the law.