Mesothelioma Lawyers Blog

When tourists visit Boston, the Charlestown Navy Yard is often on the list of things to see. You can the U.S.S. Constitution, which is the oldest commissioned naval ship. You can also see the U.S.S Cassin-Young.

The Cassin-Young was a World War II destroyer that survived one of the biggest non-battle-related tragedies in naval history. In 1944, the Cassin-Young, along with other ships in the U.S. Third Fleet, was operating near the Philippines when a Pacific typhoon named Cobra hit the battle group.

100mph winds and huge waves ravaged the fleet, and, of the 776 men aboard the respective ships, 91 survived. According to a recent news article from Your West Valley News, one sailor remains the only living member from that tragic event. However, he is suffering from mesothelioma.
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The removal of asbestos, or asbestos abatement as it is also called, is a hazardous job. Even though workers are required to undergo extensive training, and are provided with full body protective clothing and respirators, the risk of asbestos exposure is still high.
According to a recent news report from ABC 7, rescue crews had to come to the aid of two workers at an asbestos abatement project in Long Island. Witnesses say that 19 workers were in a building to remove asbestos from an old county building that is undergoing renovations.

The accident occurred when a large section of concrete containing metal wire on the ceiling of the building caved in and landed on two of the workers. These workers were covered in dust and debris that was likely to contain asbestos dust. First responders had to dig the workers out of the debris so that they could be rescued.
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Asbestos containing materials have been used through much of history. While many people associate asbestos with the industrial revolution in the United States and Europe, the naturally occurring substance that consists six silica minerals has been mined and used for thousands of years, due to its ability to naturally resist heat, fire, electricity, and caustic chemicals. It was during the industrial revolution that widespread use began in the construction and transportation industries and continued through the 1980s, when it was finally outlawed in much of the world.

It should be noted that countries such as China are still using asbestos, because it is cost-effective, despite the many known risks. Asbestos use was so prevalent that many buildings constructed or renovated prior to the 1980s are likely to contain asbestos in roofing materials, flooring, drywall and joint compound, insulation in walls and around pipes, and many other installations.
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A lot of news coverage on the dangers of asbestos deals with the improper disposal of asbestos by building owners. In order to legally remove asbestos, or renovate or demolish a structure that could likely contain asbestos, the owner must hire a certified professional asbestos removal company to perform an inspection. If asbestos is confirmed, the owner must submit a removal plan and obtain necessary permits before any work begins.

Often times, we see property owners having their workers simply dispose of the asbestos material as if it was any other waste or, in worst case scenarios, illegally dump the asbestos debris on public land. In these cases, workers are rarely provided with proper training or any protective equipment.
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In the Commonwealth of Massachusetts, the four elements in a negligence case, including an asbestos lawsuit, are duty, breach, causation, and damages. Causation is further broken down into actual and proximate causation. Actual causation is established through the use of the “but for” test. The injury would not have occurred but for defendant’s negligent conduct. In other words, if X doesn’t happen, Y won’t happen.

However, actual causation is not the end of the story. For example, if a person loses a leg at age 10 and then drives to a shopping mall at age 30, and is injured by a pothole next to a handicapped parking space, it is a true statement that the injury would not have happened if that person had not lost their leg as a child. The reason being that if the early accident did not happen, he would not have been parking in the handicapped spot. However, it is probably the negligence on behalf of the shopping mall owner that plaintiff is trying to prove. This is where proximate causation comes into play.
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The cities and towns that surround Boston are filled with buildings that are over 100 years old. Many of these buildings contain asbestos insulation in the walls and surrounding old steam or hot water pipes. If they were renovated, as many of them have been, they are likely to contain asbestos in the flooring material, wall tiles, and joint compound used to hold sheetrock together. Workers who have some level of experience working around asbestos know to look for certain telltale signs that a product is likely to contain asbestos. For example, linoleum tiles that are 12″ by 12″ or 9″ by 9″ inches and were manufactured prior to the 1980s are likely to contain asbestos.

According to a recent news article in the Lowell Sun, the old Dracut Town Hall building, which was scheduled to be demolished, contains several asbestos “hot spots” in the under the slate roof. This discovery has caused the previously scheduled demolition project to be placed on hold for an indefinite period of time.

The building was constructing in the early 1880s and used as a small school prior to being substantially expanded during renovations in the past 100 years. While the building served as a town hall for the past 100 or so years, it had finally outlived its usefulness and was slated to be razed.
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According to a recent news article from the North Jersey Record, a Boston real estate development group has plans to demolish an old snack food factory and turn it into a high-end distribution facility. However, before they begin demolition, they must get the proper permits, and that involves dealing with the asbestos present in the building that was built in 1969. This was a time when asbestos was very commonly used in construction due that fact that is a cheap and effective material that is naturally resistant to fire, electricity, and caustic chemicals.

Lawyers in Boston who regularly handle mesothelioma lawsuits know the importance of handling the asbestos remediation process properly. The law requires that an assent or survey be performed by a company certified in asbestos removal. Once the survey is complete and submitted, the developers must obtain a permit. Only after this is complete can demolition work commence.

While there is no question that asbestos fibers cause a deadly form of cancer known as mesothelioma, lung cancer, and other serious respiratory illnesses, it is generally considered safe after being installed in a building. It was during the installation processes that workers could be exposed. The demolition process poses an even greater risk of asbestos exposure to workers and the surrounding community, due to the destructive nature of the work and the amount of dust that can be released.
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