{"id":353199,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/asbestos-exposure-determining-fault-and-liability.html"},"modified":"2023-10-10T08:41:14","modified_gmt":"2023-10-10T13:41:14","slug":"asbestos-exposure-determining-fault-and-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/asbestos-exposure-determining-fault-and-liability.html","title":{"rendered":"Asbestos Lawsuits: Proving Fault and Liability"},"content":{"rendered":"\n
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Asbestos Lawsuits: Proving Fault and Liability<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Plaintiffs may pursue asbestos illness claims based on breach of warranty, negligence, or strict liability, depending on the circumstances of exposure and injury. To succeed, they must prove exposure to asbestos, a resulting illness, and a direct link between the product and the harm suffered.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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If you have developed an illness from exposure to asbestos, you may have a claim for damages. This is true, even if you didn’t discover the disease until much later. Thousands of Americans have become sick or even died due to asbestos exposure.<\/p>\n

The first thing you or your family member need to do is see a doctor. Once you receive medical attention for your asbestos-related illness, you must determine the party responsible for your condition.<\/p>\n

In asbestos litigation, courts typically decide liability for injuries caused by asbestos exposure under\u00a0product liability law<\/a>. A product liability case arises when someone is injured when they use or are exposed to a dangerous product. Lawyers prove liability based on one of three theories:<\/p>\n