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Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
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Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
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Toxic Torts
» FAQ: Can I Sue My Landlord for Asbestos Exposure?
Last Updated: August 2nd, 2023
Mesothelioma Lawsuits: Can I Sue My Landlord for Asbestos Exposure?
Question: Can I Sue My Landlord for Asbestos Exposure?
In short, Yes.
You can sue your landlord if they knowingly or negligently failed to disclose the existence of asbestos in your rental property and you suffered from asbestos exposure.
On this page, we’ll discuss this question in further depth, elements of filing asbestos exposure lawsuits, provide information about suing a landlord for asbestos exposure, and much more.
Mesothelioma Lawsuit for Residential & Commercial Exposure to Asbestos
Asbestos exposure is a serious health concern that can lead to respiratory diseases, including mesothelioma and lung cancer.
When individuals discover that they have been exposed to asbestos in their rented residential or commercial units, they often wonder whether they can take legal action against their landlords.
In this article, we will explore the situations in which a person can encounter asbestos in a rental property, the elements required to file a civil lawsuit for asbestos exposure, the concept of premises liability, and the circumstances under which one can sue a landlord for asbestos exposure.
If you or a loved one were exposed to asbestos and subsequently developed mesothelioma or other asbestos related diseases, you may be eligible to file a Mesothelioma Lawsuit or a Personal Injury Lawsuit against any responsible parties.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for a Mesothelioma lawsuit instantly.
Our law firm understands the difficulties of dealing with exposure to asbestos, subsequent mesothelioma diagnosis, or the onset of other asbestos related illnesses.
We are here to fight for you and help you secure compensation.
Reach out to us for more information and to find out if you qualify to file an asbestos exposure or mesothelioma lawsuit today.
Asbestos exposure can lead to serious health issues, and it’s crucial to understand your legal rights in such situations.
In short, the answer is:Â Yes, you can.
This answer can be broken down into the following three (3) key points:
The landlord’s knowledge or negligence.
The failure to disclose the existence of asbestos.
The resultant suffering from asbestos exposure.
The Landlord’s Knowledge or Negligence
If your landlord was aware of the presence of asbestos in the property, or if they were negligent in their duty to ensure the property was safe, this forms the basis for a lawsuit.
It is the landlord’s responsibility to ensure the safety of their tenants, and failure to do so can lead to legal consequences.
Failure to Disclose the Existence of Asbestos
Landlords are legally required to disclose any known hazards in the property, including the presence of asbestos.
If your landlord failed to inform you about the asbestos, this could be considered a breach of their duty, providing grounds for a lawsuit.
Resultant Suffering from Asbestos Exposure
If you have suffered health issues as a result of asbestos exposure, this is a critical factor in your potential lawsuit.
The harm caused by the exposure strengthens your case, as it directly links the landlord’s negligence to your suffering.
To conclude, if your landlord knowingly or negligently failed to disclose the existence of asbestos in your rental property, and you suffered as a result, you have the right to sue.
It’s important to consult with a legal professional to understand your rights and the best course of action in such situations.
Yes, family members of individuals who’ve passed away due to mesothelioma or other asbestos related diseases can file a wrongful death lawsuit on their behalf.
Wrongful death lawsuits can be complicated and require keen attention to detail, so it is important that you retain an experienced lawyer to help you through the process.
Asbestos Exposure in Residential and Commercial Units
Asbestos, a naturally occurring mineral, was once widely used in construction materials due to its heat-resistant and insulating properties.
Situations in which a person can encounter asbestos in a residential rental or commercial unit can vary.
Older Buildings
Asbestos was widely used in construction materials until the late 20th century, so residential and commercial properties built before the 1980s are more likely to contain asbestos.
This includes buildings constructed for housing, offices, retail spaces, warehouses, and industrial facilities.
Renovation or Repair Work
When renovations or repairs are conducted in older properties, it can disturb asbestos-containing materials.
Removing walls, ceilings, flooring, or insulation can release asbestos fibers into the air, posing a risk to occupants, contractors, and workers.
Deterioration of Materials
Over time, asbestos-containing materials can deteriorate naturally or due to water damage, aging, or mechanical stress.
As the materials degrade, asbestos fibers can become friable (easily crumbled) and be released into the air, increasing the potential for exposure.
Insulation
Asbestos was commonly used for insulation purposes, including pipe insulation, HVAC systems, and boiler rooms.
Residential rentals and commercial units with older insulation systems may still contain asbestos.
Ceiling Tiles and Flooring
Some ceiling tiles and flooring materials, particularly those manufactured before the 1980s, may contain asbestos.
Asbestos fibers can be released into the air when these materials are disturbed or damaged.
Vermiculite Attic Insulation
Vermiculite insulation, often found in older homes, may contain asbestos.
It was commonly used as attic insulation but can pose a risk if disturbed during maintenance or renovations.
Popcorn Ceiling
Popcorn or textured ceilings, popular from the 1950s to the 1980s, frequently contain asbestos.
Sanding, scraping, or disturbing these ceilings can release asbestos fibers into the air.
Asbestos-Containing Products
Asbestos was used in various products, including adhesives, sealants, paints, caulking, and roofing materials.
In some cases, these products may still be present in residential rentals and commercial units, posing a risk if disturbed or deteriorated.
Health Effects of Asbestos Exposure
Asbestos exposure can have severe health consequences, often debilitating and life-threatening conditions.
The health effects of asbestos exposure history may not manifest immediately and can take years or even decades to develop.
Mesothelioma: Mesothelioma diagnosis is a cancer that typically affects the lining of the lungs, abdomen, or heart, and it is both uncommon and aggressive. It is almost exclusively caused by asbestos exposure and has a poor prognosis. Symptoms include chest pain, persistent cough, difficulty breathing, fatigue, and weight loss.
Lung cancer: Asbestos exposure is a known cause of lung cancer. People exposed to asbestos are at a higher risk of developing lung cancer, particularly if they smoke. Symptoms include coughing, chest pain, shortness of breath, hoarseness, and recurrent respiratory infections.
It’s important to note that there is no safe level of asbestos exposure.
Even minimal or intermittent exposure to asbestos fibers can increase the risk of developing asbestos-related diseases.
Therefore, if you have been exposed to asbestos, seeking medical evaluation and regular monitoring is essential to detect any potential health issues early.
The effects of asbestos exposure extend beyond the physical impact on individuals.
Asbestos exposure and related illnesses can also result in major emotional and financial hardships for victims and their families.
Medical expenses, loss of income, reduced quality of life, emotional distress, and even death, are common consequences of asbestos-related diseases.
If you have been diagnosed with an asbestos-related disease due to exposure in a rental property or commercial unit, pursuing legal action against the responsible parties may help you seek mesothelioma compensation for the physical, emotional, and financial damages you have suffered.
Elements of Filing a Civil Lawsuit for Asbestos Exposure
Certain elements must be established to file a personal injury lawsuit for asbestos exposure.
These elements may vary slightly depending on the jurisdiction, but the following are commonly required.
Duty of Care
The plaintiff must demonstrate that the defendant (typically the landlord or property owner) owed them a legal duty of care.
In the case of asbestos exposure, this duty involves providing a safe and habitable environment free from asbestos hazards.
Breach of Duty
Asbestos victims must establish that the defendant breached their duty of care.
This can be done by showing that the defendant failed to identify and address asbestos hazards or neglected to take appropriate remedial measures to prevent exposure.
For example, if the landlord was aware of the presence of asbestos but did not take the necessary steps to mitigate the risk, it can be considered a breach of duty.
Causation
With the help of asbestos lawyers, the Mesothelioma patient needs to establish a causal connection between the defendant’s breach of duty and the asbestos exposure that resulted in harm.
This requires demonstrating that the defendant’s actions or inaction directly led to the plaintiff’s asbestos exposure and subsequent health issues.
Damages
Mesothelioma patients must provide evidence of the physical, emotional, and financial harm from asbestos exposure.
This includes medical records documenting asbestos-related diseases, such as mesothelioma, lung cancer, or asbestosis, and associated medical expenses, lost wages, pain, and suffering.
Top Mesothelioma law firms can assist with calculating damages.
What is a Premises Liability Lawsuit?
Premises liability lawsuits are legal claims filed by individuals injured or harmed on someone else’s property due to unsafe conditions.
These lawsuits are based on the principle that property owners or occupiers have to maintain a safe environment for those who enter their premises.
When this duty is breached, resulting in injuries or damages, the injured party can pursue a premises liability or wrongful death lawsuit to seek financial compensation.
Asbestos exposure cases typically fall under premises liability law, which holds property owners or occupiers responsible for maintaining safe conditions.
Suing a Landlord for Asbestos Exposure
If an individual has been diagnosed with an asbestos-related disease and the landlord or property owner failed to take necessary actions to ensure their safety, they may have grounds for asbestos exposure or mesothelioma lawsuits.
Asbestos exposure can have severe health consequences, and property owners are legally obligated to provide a safe environment for their tenants or occupants.
Proving negligence on the landlord’s part is crucial in an asbestos lawsuit.
An experienced mesothelioma lawyer can help you gather evidence and assess damages.
Gathering Evidence
Building a solid case requires gathering evidence supporting the negligence claim.
Evidence in an asbestos lawsuit may include:
Medical records
Employment records
Residential information
Photos and videos
Any other proof of exposure to asbestos and subsequent health problems
Assessing Damages
Damages refer to the total amount of losses related to exposure to asbestos and subsequent health issues.
These are the timeframes for filing a mesothelioma personal injury lawsuit after discovering your asbestos-related illness.
Failure to meet the deadlines can result in losing the right to seek compensation.
Consulting with a Mesothelioma attorney specializing in asbestos litigation will ensure you comply with the applicable time limits.
Filing a Mesothelioma lawsuit can be a complex legal process.
Asbestos laws and regulations vary by jurisdiction, and the specific circumstances of each asbestos claim differ.
Consulting with mesothelioma lawyers experienced in asbestos litigation is crucial to understand your rights, navigating the legal process, and seeking fair mesothelioma lawsuit compensation for the harm caused by asbestos exposure.
TorHoerman Law: Your Asbestos and Mesothelioma Lawyers
Exposure to asbestos can result in serious and life-threatening health problems.
It’s important for victims of asbestos exposure to seek immediate medical attention and consult an experienced mesothelioma attorney on the next steps to take.
If you have been diagnosed with an asbestos-related disease and believe that your landlord or property owner’s negligence contributed to your exposure, taking legal action may be an essential step toward seeking justice and compensation.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for legal action instantly.
Navigating the legal process of asbestos and mesothelioma lawsuits can be challenging, and consulting with attorneys specializing in asbestos litigation is crucial to ensure your rights are protected.
Reach out to our law firm today and find out how our team can help you seek justice.
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