Mesothelioma Lawyers Blog

Asbestos is a worldwide problem, resulting annually in nearly 110,00 deaths and more than 1.5 million disability-adjusted life years across the globe.

As the World Health Organization reports, around 125 million people worldwide are still exposed to asbestos in the workplace. Asbestos is also a big problem among home renovators who may not be aware of the tremendous risk they are taking with their life.

A Boston mesothelioma lawyer knows many people simply are not informed about the dangers of asbestos or don’t think the warnings apply to them. Public education is necessary to help renovators, employers and workers understand the full extent of the risks that they take when they work in an environment that may have asbestos without the proper precautions.
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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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