Asbestos exposure is dangerous, and a diagnosis with an asbestos-related medical issue will likely mean expensive medical care and disruption to your life. If you develop an illness caused by asbestos, like mesothelioma, your entire family may need to make changes after your diagnosis.
Individuals who develop mesothelioma or similar asbestos-related illnesses may want to seek financial compensation from a company that expose them to abestos. Typically, they will need to either claim negligence or make a claim under strict liability rules. What is the difference between those two scenarios?
Negligence often applies to employee exposure cases
Companies understand the risk involved in using asbestos at their facilities. Given that there is so much information readily available regarding the dangers of asbestos and how there is no safe level of exposure, workers sickened by exposure on the job to asbestos could easily make a claim in court that negligence on the part of their employer caused their illness because the company did not take adequate measures to protect their safety.
Both workers sickened because of exposure on the job and those who fall ill because a loved one handled asbestos can potentially make a negligence claim against a company that didn’t adequately protect its workers from exposure.
What if you get exposed because of a product?
Some companies use asbestos in their products to manufacture items cheaply. Others import components from abroad and never engage in necessary quality control testing to determine if it is truly safe or not.
Strict liability rules that apply to product manufacturers can give you a reason to file a claim against the company for a product containing asbestos even if the manufacturer tries to claim they were unaware of the asbestos. Instead of showing evidence that the company should have known about the risk, you just have to prove that their products were dangerous because of asbestos contamination.
Trying to prove negligence will require a different approach in court than making a strict liability claim. In both cases, however, chemical evidence and medical record can play a major role in helping convince a jury.
Learning more about how to pursue compensation for asbestos-related medical conditions can help you connect with care and reduce the impact of the illness on the people that you love.