Asbestos and the Law - Firm Law Mesothelioma

Asbestos and the Law Legal Asbestos

It's important to know your rights and obligations when dealing with asbestos. Asbestos is a mineral that is very fibrous and silicate. It has long and thin separable fibers. Asbestos has become a favorite of manufacturers and builders for the following reasons:

  • (i) it is so widely occurring that it can be found in every continent
  • (ii) its thin fibers can be spun and woven together
  • (iii) it is very heat-resistant and hence suitable for insulation and other such products.

Although asbestos is not an inherently harmful material, when interfered with, it releases fibers in the form of vapors that can be easily inhaled. The human body cannot expel asbestos fibers once they are inhaled. The fibers penetrate body tissues and can get deposited in airways and lung tissue. Asbestos exposure starts affecting one's health when a person happens to inhale highly concentrated of asbestos fibers over a long time period. This happens to people whose work involves exposure to asbestos on a daily basis. Complications from the effect of asbestos exposure can take 30 years or more to reveal. For example, people working in a car manufacturing company where asbestos is used in the manufacture of brake liners, etc. Some of the deadly diseases associated with inhaling asbestos continuously are lung cancer, mesothelioma and asbestosis.

To provide some legal remedy to workers constantly exposed to asbestos and to provide a safe working environment, the United States Environmental Protection Agency (EPA), in 1989, issued rules regarding asbestos ban. The US Consumer Product Safety Commission (CPSC) and the US Occupational Safety and Health Administration (OSHA) have also developed bans/set limits on the acceptable limits of asbestos exposure at workplaces.

If you are a victim of asbestos exposure, you can file asbestos lawsuits. These personal injury suits can be filed by persons suffering from asbestos-related illness against those responsible for asbestos exposure like landlords, asbestos manufacturers, asbestos installers, employers, or leasing agents. Asbestos litigation can help recover financial damages that result from asbestos-related illness.

There also has been much hype regarding asbestos exposure, and some people panic at the very mention of the word asbestos. If you merely have asbestos siding or roofing on your house, it does not pose a health hazard, and if it is in good condition, it is better to leave it alone. However, if you are carrying out repair works on them, you have to be careful and ensure that no exposure results. These days, asbestos testing kits are also available that safeguard you from exposure to the mineral while carrying out repair works or involved in tasks where exposure to asbestos fibers is likely.

Laws on disclosure in almost every state require that a seller of a dwelling must reveal the presence of hazardous materials, including asbestos tile, asbestos insulation, etc. in the property. Some states also require a seller to conduct hazardous material assessment (HMA) and disclose whether any hazardous material has been used. Asbestos abatement is the process of asbestos removal from a public building.

Information on what is asbestos and sample asbestos disclosure form can be found on the US Legal Forms website. Our website also contains various asbestos forms.

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