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20 Asbestos Lawyer Websites That Are Taking The Internet By Storm
Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, but in general property owners must ensure that their buildings safe and warn employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer and asbestosis. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you suspect your workplace or home might contain asbestos, a licensed inspector should check the area. A professional can help determine what needs to be done should asbestos be found on your property and collaborate with an abatement contractor when needed.

It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, the victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the various types of strict liability and negligence and can advise on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees and provide adequate training in safety. This obligation could extend to owners of buildings where asbestos is used when it is determined that the buildings will be utilized by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency and the fact that it does not pay future workers' compensation.

In an effort to protect the public, Congress has considered but failed to approve legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it's no longer a widely used building material. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work daily to address this issue.

The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. In the year 2019, the EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.

However, trade organizations are attempting to stop the EPA's plan to stop asbestos from being used in construction. The trade groups argue that a ban would jeopardize the country's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their case. They are also turning to legislators with ties to asbestos.

Our firm has been fighting this fight for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is a crucial step in ensuring that other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These properties made them useful in a number of industrial products, like insulation.

Asbestos is a component in a variety of building and household items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases may have a long time of latency and patients may not show symptoms for a period of 20 to 50 years following exposure.

Many people worry about asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to make changes to your home or alter the material in any way, consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, seek advice from a physician. They can perform a variety of tests to see if you are experiencing symptoms related to asbestos exposure.


Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. In addition the state laws oblige public employees to have the same protections. If you work in an asbestos-rich building, your employer must provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They can conduct a test on your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos is safe to remove provided the proper precautions are followed. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow the federal and state regulations for the manner in which they do it. This includes properly covering and removing any waste from the project. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. To avoid this, strict regulations have been put in place.

If asbestos is in good shape and isn't disturbed, it should not cause health risks. However, it is advised that you have any ACM which is affected through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will allow a professional to determine whether the material requires removal prior to beginning any work. It will also make sure that it is properly handled properly, packed, labeled, and transported in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit is breaking the law. Those who break it are liable for heavy penalties. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

In the process of removing asbestos, the material must be kept moist at all times to reduce the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to taking it away. After the asbestos is removed, it should be placed in heavy plastic bags or tarps double-wrapped and sealed by tape. fort myers asbestos lawsuit should be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos in good condition with commercial items that can fill holes and seal damages. These are available at shops that specialize in asbestos materials and safety equipment. For more information on how to properly remove asbestos read How to Remove Asbestos.

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