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In In re: New York City Asbestos Litigation, a mesothelioma case from the New York Court of Appeals, court records indicate defendant sold valves to the U.S. Navy.  These valves were designed to be used under high pressure and in high heat situations aboard naval ships.  The valves themselves did not actually contain asbestos or any other hazardous materials.

valveHowever, these valves would not work properly under the expected conditions unless a gasket was used along with the valve as well as insulation and a packing material for the valve stem.  These gaskets and insulation were made from asbestos, and the instructions that came with valves called for the use of this asbestos material. Continue reading

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There is no question that being an asbestos abatement professional is a hazardous job.  Workers in this industry are at high risk of inhaling asbestos fibers that are too dangerous for anyone else to be around. For this reason, the industry is heavily regulated and employers must ensure workers have all the proper protection and training. This can be costly, but it’s necessary.

Unfortunately, as a recent incident revealed, even asbestos abatement firms sometimes cut corners to save costs, putting workers – and the public – at risk.

tosignacontractIf a property owner suspects that there is asbestos on his or her property, the first thing that must be done is for a certified asbestos inspector to come and take samples.  Once these samples are collected, they will be sent to a materials testing lab for microscopic analysis.  The lab will not only determine if there are asbestos fibers present, but what kind of asbestos fibers they are, which is important, because some are even more dangerous than others. Continue reading

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Poor air quality has been a major concern for workers in many occupations for decades. In fact, the majority of mesothelioma cases stem from inadequate ventilation on job sites ranging from demolition to shipbuilding. Given what we know about the dangers of lacking ventilation – and the high damage awards companies have paid for failing to protect workers – one would think more companies would be taking it seriously. As it turns out, the need for vigilance remains.

According to a recent news article from Channel 3000, the U.S. Occupational Safety and Health Administration (OSHA) has just levied nearly $250,000 in fines after the agency concluded  workers on a nursing home renovation project were put in danger as a result of 13 safety violations.  The agency also found that of these 13 safety violations, four of them were willful, and the remaining nine were classified as being serious in nature.

respiratorOSHA first became involved in the case when five workers became sick while on the job and were diagnosed with carbon monoxide exposure.  Carbon monoxide exposure can lead to asphyxiation, which causes brain damage and death in a relatively short amount of time depending on the oxygen level in the room at the time of exposure. Continue reading

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This past summer, school officials in Teaticket were told that workers installing new air conditioning vents discovered what they believed to be asbestos.  After inspectors took samples and sent those samples for a microscopic analysis and confirmed there was asbestos, school officials knew they could not open on time this school year and held an emergency meeting with parents to discuss the alternatives.

old school classroomIn addition to making arrangements for the students to go to other elementary schools until Teaticket in Falmouth could be cleaned up, they worked on getting the proper permits and setting up an asbestos abatement plan.  Town selectmen voted to release $300,000 in funds and an emergency amount appropriate to pay for the asbestos abatement. However, the actual cleanup cost is turning out to be a lot higher than they initially estimated. Continue reading

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According to a recent news article in the Pantagraph, a jury in Indiana has just awarded $4.6 million to a 73-year-old man who developed malignant mesothelioma after being exposed to asbestos.  He was exposed to asbestos over 50 years ago while working for a portable elevator company owned and operated by defendant.

weldingIf you have ever seen a tall building under construction, you may have noticed that the contractors will erect an elevator on the outside of the unfinished building so workers can travel up and down the structure.  These elevators have also been featured in many action movies over the years.  It is not the general contractor, but rather a portable elevator company that sets up these elevators for use during the construction project and then removes the portable elevator when the job is complete.  These portable elevators have metal frames that workers must weld and properly fit with electrical wires as part of the set-up job. Continue reading

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According to a recent article from the National Law Review, the state of Florida joined a group of states that are making it more difficult to prove causation in mesothelioma lawsuits. The first thing to discuss is what the term causation means in this context.

gavel7In any mesothelioma lawsuit, the primary claim is filed under a negligence theory.  This is true even though we may be dealing a specific claim such as a failure to warn of a known danger.  In any negligence case, there are four elements.  The first element is whether the defendant owed a duty of care to the plaintiff.  The second element is whether the defendant breached a duty of care, assuming one was owed.  The next element is known as causation and the fourth element is the amount of damages, if any, the defendant’s breach of a duty of due care caused the plaintiff. Continue reading

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Take home asbestos cases are getting a lot of attention across the country.  A take home asbestos case deals with the defendant’s duty to warn a so-called non-user of the danger of exposure to deadly asbestos fibers.

old-worn-out-boots-1013579-m-300x261The first thing to understand is what a user of asbestos and a non-user of asbestos mean.  A user of asbestos was someone who worked in an asbestos mine, or a factory where asbestos products were used or manufactured, or a builder who worked with asbestos products.  One of the biggest uses of asbestos in construction projects was in drywall and wall joint compounds.  This means that there as a lot of dust that contained the deadly asbestos fibers being spread around the construction site. Continue reading

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According to a recent news article from Insurance Journal, the United States Environmental Protection Agency (EPA) felt it had no choice but to send its own staff into a New York factory to stop the spread of deadly asbestos fibers, as they have become a major threat to local officials.  The EPA is stepping in at the request of the local government, as the local officials do not have the resources to protect the community from the threat of exposure from asbestos.

asbestos-300x225The factory consists of multiple buildings and has been closed and abandoned for several years.  The buildings were constructed at time when asbestos was heavily used in many aspects of construction and also production. While the asbestos was very hazardous to the workers when the buildings were going up, once principal construction was complete, there was no major danger for the most part.  However, as there were likely renovations over the years, it is probable that workers were exposed to the deadly asbestos fibers from time time. Continue reading

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According to a recent news article from the New Haven Independent, the owner of a construction company has decided to challenge a $65,000 fine that has been assessed by the United States Occupational Safety and Health Administration (OSHA).

warning-icon-45-1023139-mOSHA is a federal agency that is responsible for investigating worker safety violations across the United States.  In cases involving toxic substances such as asbestos, the U.S. Environmental Protection Agency also has jurisdiction to get involved or lead an investigation. Continue reading

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As many may have heard, a commuter train recently crashed in New Jersey, resulting in the death of a woman who was standing on the station platform at the time, as well as the injury of more than 100 people.   The National Transportation Safety Board (NTSB) is currently investigating the cause of the deadly train accident, but they have run into a roadblock of sorts in their investigation, and that roadblock is the presence of deadly asbestos fibers, according to a recent news feature from NBC News.

asbestosWhat investigators do know as of this time is that the train entered the Hoboken station at a very high rate of speed.  Passengers on the train noticed they were traveling very fast and realized something was not right. The train did not engage its brakes and crashed at this high rate of speed.  Once witness said he saw the train had hit a large pylon and then crashed into a stationary store in the station.  There were over a hundred people on the train and wandering around the station.  Many of these victims were covered in blood and were described as being dazed by those who saw them, including first responders. Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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