FREQUENTLY ASKED QUESTIONS ABOUT PRODUCT LIABILITY REGARDING ASBESTOS and ASBESTOSIS
What is product liability?
What is Asbestosis?
What are the symptoms of Asbestosis?
How can Asbestosis be detected?
Are there other diseases related to Asbestosis?
What are some causes of Asbestosis?
What types of jobs are associated with Asbestosis?
What type of products contain Asbestos or are at least associated
with Asbestos?
What is a “failure to warn” claim?
What kind of claims can be brought for product liability?
What is strict liability?
What is negligence?
What is breach of warranty?
What damages does the law allow in product liability cases?
What are economic damages?
What are noneconomic damages?
What are punitive damages, and may they be recovered in product
liability cases?
If I bring my case to you, what will you do?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is product liability?
A. Product liability is the body of law that provides for
compensation for physical injuries resulting from defective and unreasonably
dangerous products and from the failure of a manufacturer or seller to warn
the consumer of product dangers.
Q. What is Asbestosis?
A. Asbestosis is caused by inhalation of asbestos fibers.
It usually strikes workers in the textile, cement and insulating industries.
Asbestos fibers are microscopic and virtually indestructible.
The asbestos fibers can easily flake off and are small enough to be completely
inhaled deep into the lungs. When they are inhaled into the lung, the lung's
defense cells try to destroy the asbestos fibers, but the body's defense mechanisms
cannot break down asbestos. The result is that the asbestos fibers remain in
the lungs and cause scarring and the inflammation continues for decades. This
thickening and scarring prevents oxygen and carbon dioxide from traveling between
the the tiny air sacs of the lungs and into the blood stream, so breathing
becomes much less efficient. In people who develop Asbestosis, the inflammatory
process (once started) continues to progress, fueled by the indestructible
asbestos fibers even after the exposure to asbestos has ceased.
Q. What are the
symptoms of Asbestosis?
A. The early symptoms of Asbestosis typically include shortness
of breath, coughing, a dry crackling sound while inhaling and chest pain.Asbestosis
is a slowly progressing disease that will show no symptoms for 10 to 30 years.
Q. How can Asbestosis
be detected?
A. Asbestosis can be conclusively detected by taking samples
of lung tissue (called a biopsy). Asbestos can be detected through x-rays,
CT scans or a breathing test.
Q. Are there other
diseases related to Asbestosis?
A. Several serious conditions are indirectly caused by
Asbestosis, such as Mesothelioma, heart disease and lung cancer. Someone
diagnosed with Asbestosis must be vigilant for the other diseases that are
associated with it. Asbestosis patients should immediately stop smoking and
people with asbestos in their lungs should never smoke.
Q. What are some
causes of Asbestosis?
A. Asbestosis is nearly always related to asbestos exposure.
Asbestos is an extremely dangerous material and even low exposure levels can
trigger Asbestosis or Mesothelioma. This means that even family members of
asbestos workers are at risk because of the asbestos fibers brought into the
home by the worker's clothing.
Q. What types of
jobs are associated with Asbestosis?
A. If you or a family member has worked at the following
jobs or with the following materials before the 1980's, then you are at risk.
Most victims were involved with asbestos product plants, insulation, and shipbuilding.
Below is a list of industrial sites, occupations, and products related to asbestos
exposure. In addition to these groups, family members are also be at risk and
should be tested.
- Industrial Sites
- Oil Refineries
- Power Plant Workers
- Railroad Workers
- Residents of towns with former asbestos plants Manufacturing plants
- Shipyards
- Steel Mills
- Workers in Old Buildings
- Contractors working on an old building can often stir up asbestos fibers and poison the workers in the building.
- Maritime occupations
- Longshoremen
- Merchant Marines
- U.S. Navy Veterans
- Construction Trades & Other Occupations
- Automotive Mechanics
- Boilermakers
- Bricklayers
- Carpenters
- Electricians
- Insulators
- Iron Workers
- Laborers
- Maintenance Workers
- Millwrights
- Plasterers
- Plumbers
- Sheet metal Workers
- Steam Fitters
- Tile Setters
- Welders
Q. What type of
products contain Asbestos or are at least associated with Asbestos?
A. This is only a partial list of products known to have
contained asbestos:
- acoustical panels/plaster
- brake linings
- fireproof aprons
- fire brick
- floor tiles
- gasket material
- glassblower mitts
- pipe covering
- insulation
Q. What is a “failure to warn” claim?
A. Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product.
Q. What kind of
claims can be brought for product liability?
A. The alternative theories of liability in a product liability
case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes
all three theories are pursued in one case.
Q. What is strict liability?
A. Strict liability is the legal principle that a person
or company which sells a product in a “defective condition” that is
unreasonably dangerous to the ordinary user may be liable for any physical
injuries. The defect may be in the product’s design or manufacturing, in
the product’s container or packaging, or in the instructions or warning
necessary for the product’s safe use. In a strict liability case, the injured
person is not required to prove the manufacturer or seller was negligent.
Q. What is negligence?
A. Negligence is a breach of a duty owed by the manufacturer
to the user in light of the reasonably anticipated harm arising from all reasonably
foreseeable uses of the product. The duty includes design, manufacturing, instructing
and warning. In a negligence case the injured party must prove a violation
of a standard of reasonable care by the manufacturer in the manufacture of
the product.
Q. What is breach
of warranty?
A. A warranty is an expressed or implied representation
about the product to the consumer. Common warranties are that the product is
fit for the ordinary purpose for which it is used or that the product is fit
for a particular specific purpose. Breach of warranty generally means that
the product did not perform as represented or expected.
Q. What damages
does the law allow in product liability cases?
A. Generally, the plaintiff is to be reasonably compensated
for all injuries and losses resulting from the occurrence in question. Damages
are split into two general categories: economic (past and future), and noneconomic
(past and future).
Q. What are economic
damages?
A. Economic damages include almost everything that can
be replaced with a checkbook. This category of damages is very broad and
will vary from case to case. Economic damages can include the reasonable
expenses of necessary medical care; hospitalization and treatment; loss of
income or earning capacity; the reasonable value of services provided by
family members for free; the cost of hiring others to perform normal household
duties; and the loss of the injured person's services to his or her spouse.
These losses are projected into the future based, among other factors, on
medical testimony regarding continuing disability and future needs.
Q. What are noneconomic
damages?
A. Noneconomic damages are those losses which cannot be
quantified in a dollar amount. The most prominent examples are pain and suffering,
mental anguish, inconvenience, physical impairment or disability, disfigurement,
and loss of enjoyment of life. The importance of categorizing damages as economic
or noneconomic lies in the fact that noneconomic damages are sometimes limited
under some state laws. We often see cases where people's lives are devastated
by catastrophic injuries, but if they are children or elderly, economic losses
are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. What are punitive damages, and may they be recovered in product liability cases?
A. Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
Q. If I bring
my case to you, what will you do and how much will it cost?
A. First of all, we will not charge you for any of the
time we spend visiting with you or for the cost of investigating your case.
We start with an interview to determine the facts as you know them, and make
a judgment about whether the case is one which falls within our expertise
and interests. The ensuing investigation begins with the collection of all
pertinent records, including accident reports, product literature, company
brochures, and medical records. We ask you to sign releases authorizing us
to obtain these records. We then review and analyze the records. If we believe
there is a strong possibility that a product was defective, we will submit
it to the appropriate experts for review, asking them for their opinions
on the issues of the defective nature of the product, damages and causation.
If, after consultation with experts, we believe that we can satisfy our burden
of proof, we recommend that the case be filed.
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Q. How do I know
that you will do a good job on my case?
A. We believe that our experience and results in product
liability cases count. We have a commitment to getting an excellent result
in every case we decide to pursue, and our track record and credibility are
extremely important to us. Please keep in mind, however, that every case is
different and no result is guaranteed. All we can promise is our best effort
on each and every case.
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or
costs are charged unless we collect money damages for you. We advance all
costs for investigators, court reporters, expert witness testimony, accident
reconstructionists, filing fees and any other expenses related to your case.
All of the consultations with our office are absolutely free. When you recieve
compensation, meaning we have successfully concluded your case, either by
settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work on your case and is generally
between 20% and 40%. The percentage depends on the complexity and type of
case.
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No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
