Asbestos in the Home: Liability and Legal Action

Asbestos has many features that make it appealing to home builders. The material is strong but flexible. It is also fire-resistant. Asbestos is also an excellent insulator for heat and sound, and resists corrosion. Unfortunately, the health hazards and negative health effects posed by asbestos mean it cannot be used safely.

Read on to learn about the dangers of asbestos in the home and your legal rights if you become sick. You can also contact a personal injury attorney near you to share your story and hear your legal options. An attorney can assess your situation and determine if you have a valid asbestos claim. If you do, they will advocate for you throughout the legal process and fight for fair compensation.

What Is Asbestos?

Asbestos is a naturally occurring mineral used in various products due to its durability. It has flame-retardant and insulating properties, making it a common material used in home construction.

Many homes built before 1975 contain asbestos building materials. However, asbestos in the house is relatively safe if the building materials are in good condition. The danger occurs when materials containing asbestos deteriorate, are damaged, or are disturbed. When this happens, the asbestos fibers become airborne, and people can breathe them into their lungs.

The Environmental Protection Agency (EPA) encourages homeowners planning on remodeling to hire a trained and accredited asbestos professional to conduct a thorough inspection before any remodeling. Inspecting for asbestos is also a good idea if you are buying an older home.

Types of Asbestos

Some of the more common types of asbestos include:

• Crocidolite
• Chrysotile
• Amosite
• Tremolite
• Vermiculite
• Actinolite

When you crush asbestos, it breaks up into fine fibers. These fibers aren’t visible to the human eye. That’s why many people became sick from working or living in buildings containing asbestos-containing material (ACM). Today, there are tests designed to detect the presence of asbestos.

What Is Mesothelioma?

Mesothelioma is a disease in which cells in the lining of the chest or abdominal cavities become abnormal and divide without control or order. The cancerous cells can invade and damage nearby tissues and organs. Cancer cells can also metastasize, or spread, from their original site to other body parts.

Where Is Asbestos Found in Homes?

Depending on the age of your home, there may be asbestos inside. Before 1978, construction companies used asbestos all the time. It wasn’t until 1978 that the EPA outlawed asbestos use in new construction and home renovations. At this time, scientists were discovering the link between asbestos exposure and mesothelioma.

This is one reason so many homeowners still discover asbestos in their property. When this happens, immediate remediation is necessary. That’s the only way to keep your family and guests safe.

Typical uses of asbestos in American home construction materials include:

• Roofing shingles
• Siding
• Vinyl Floor tiles
• Vermiculite Insulation in houses built between 1930 and 1950
• Paint applied before 1977
• Asbestos cement
• Joint compound
• Millboard decking
• Sheetrock patching
• Drywall
• Fireproofing materials
• Ceiling tiles
• Cement pipes
• Coating surrounding hot water pipes or steam pipes
• Tiles surrounding stoves, fireplaces, or furnaces
• Vinyl flooring

But just because you have an older house doesn’t mean it poses a health risk. However, leaving asbestos-containing material alone is probably best if those items are intact and in good condition.

You should contact a professional who can assess the risk and remove the materials if necessary. Asbestos poses a danger only if the fibers are disturbed and released into the air.

When Did Builders Stop Using Asbestos in Homes?

Asbestos was first introduced in the United States in the early 20th century as an insulator for steam engines. From the end of World War II up until the mid-1970s, contractors often used asbestos in their building and renovation projects. Homeowners and building owners were excited to have an inexpensive solution to help insulate and protect their properties.

Builders often used asbestos products to insulate, fireproof, and soundproof buildings. According to the EPA, nearly 1 million public and commercial buildings contain significant amounts of asbestos-containing materials.

Identifying Asbestos Insulation

Without a label, it is difficult to determine whether the insulation contains asbestos. If you have doubts about a certain material, treat it as if it contains asbestos. You can also have it tested by a qualified professional. An asbestos abatement expert should take samples for analysis rather than test the materials on-site.

This is why it’s important that building maintenance companies conduct air monitoring to test for airborne asbestos. They should also look for other dangerous contaminants, especially in older buildings. Years ago, the roofing materials used on older properties contained asbestos. The same is true for some of the sealants used on older properties.

When inspecting a building, agents must look for all asbestos hazards, including:

• Ceiling tiles with contaminants
• Shingles
• Pipe insulation
• Fireproofing
• Coatings and other building materials

It’s also essential that professionals check to see if asbestos cement was used in your building’s foundation.

Legal Action for Asbestos in the Home

If you suffer from an illness caused by exposure to asbestos and believe that asbestos in your home caused you to become sick, legal recourse may be available to you. You may be able to sue the previous owner of your home based on a negligence theory.

The elements of negligence are:

1. Duty of care

2. Breach

3. Causation

4. Damages

To prevail in a negligence action, you must show that the previous owner had a duty to disclose the existence of the asbestos. Some states require that sellers include any information about asbestos in the home in their disclosure forms.

If a seller knows about the presence of asbestos and fails to include that information in the disclosure, the seller has arguably breached the duty owed to the buyer. The seller must also disclose whether they did renovations and found asbestos in the property. If they did, they must provide the buyer with proof of remediation.

Your personal injury lawyer will also need to rule out other potential causes of your illness. There may be asbestos in your home. But if your home is in good condition and undisturbed by home renovations, it may be more difficult to show that the asbestos exposure caused your illness.

The defendant (previous homeowner) may argue that something else caused your asbestosis or other illness. They may say you encountered other health risks that caused your illness.

For example, construction, shipbuilding, and manufacturing workers often come into contact with asbestos-containing products. There have even been cases of “take home” asbestos dust carried home on clothing, causing secondhand illnesses in other household members.

You May Be Able to Sue Under Strict Liability

Not all asbestos litigation is due to negligence. You may be able to sue under product liability or strict liability. The company that manufactured your home’s materials may be responsible under strict liability law.

Your asbestos attorney won’t have to prove they didn’t use reasonable care. All they’ll have to prove is that the defendant’s product contained asbestos and that this product caused your injuries.

Even if the defendant included a disclaimer when they sold the dangerous products or materials, they may still be found liable.

Damages in Asbestos Cases

You must prove damages if you or a family member file an asbestos lawsuit.

If you have lung cancer or another asbestos-related illness, you may be entitled to the following:

• Medical costs and future medical expenses
• Lost wages
• Reduced earning capacity
• Loss of enjoyment of life
• Pain and suffering

If you sue for breach of contract, you may also be able to recover damages for the decreased value of your home due to the presence of asbestos or the cost of professional asbestos abatement.

Who Will You Name in Your Asbestos Liability Case?

Ideally, you can resolve your claim with the defendant’s insurance company. If that isn’t possible, you’ll have to file suit. You may need to name multiple parties in your initial complaint, including the following:

• Previous property owners
• Product manufacturers whose use of asbestos may have caused your injuries
• Current premises owner, if you rent
• Asbestos manufacturers
• The construction company that performed renovations

Once a claimant’s asbestos attorney can review their claim, they’ll better understand who the responsible parties are. They will confirm the plaintiff’s asbestos-related injuries and gather evidence to prove their case.

One of the tricky things about asbestos lawsuits is that there is a latency period with many asbestos-related diseases. Certain mesothelioma cases can take years (or decades) to develop. When you realize you’re sick, it may be hard to track down the culprits.

Get Legal Help With an Asbestos Liability Claim

Even though manufacturers have phased out the use of asbestos in consumer products, it may still be in many older buildings and your home. Although asbestos-related illnesses have become more rare, they can take decades to develop.

If you believe you got sick from exposure to asbestos in your home, act promptly to protect your legal rights. If a loved one has died due to illness, you may have a claim for wrongful death. This legal claim filed under tort law can help your family recover compensation for losing your family member.

A great first step is to contact a local attorney for legal advice. FindLaw’s directory of asbestos and mesothelioma attorneys can connect you with qualified legal advisors in your area. Select your state or city to review contact and ratings information for attorneys familiar with your state’s laws. Your search results will also link you to additional details about the attorneys’ experience with asbestos and mesothelioma lawsuits.