Mesothelioma and Product Liability
In mesothelioma lawsuits, the burden of proof is on the victim (known as the plaintiff). Simply being diagnosed with mesothelioma is not enough to make a successful claim. The Throneberry Law Firm has extensive experience in helping victims of mesothelioma obtain the compensation they need in order to fight this terrible disease.
Mesothelioma and Product Liability – Asbestos in Products
The use of asbestos in products was widespread for a majority of the 1900s. It is not uncommon for people to come across asbestos today, particularly when renovating homes or other buildings. The theory of product liability makes manufacturers responsible for certain injuries caused by the products they make. For example, a defective product that injures people who use it in the manner in which it was designed to be used may give rise to a product liability claim.
As part of his or her employment, a person may have used many different component products in the creation of a new product. The manufacturers of those products that contained asbestos may be liable to people who developed mesothelioma due to exposure to asbestos fibers.
Mesothelioma and Product Liability – Negligence and Strict Liability
Under a product liability claim, a manufacturer of a product that contained asbestos may be held liable under the theories of negligence or strict liability. The elements in a negligence claim include a duty to use reasonable care, a breach of that duty, a causal connection between the breach and the injury, and damages. In mesothelioma cases, proving negligence can be difficult because what constituted reasonable care changed as the dangers of asbestos exposure became more apparent. A somewhat easier theory to prove a defendant was at fault is under strict liability.
A plaintiff suing under strict liability claims that the defendant manufactured an unreasonably dangerous product, which hurt the plaintiff. Importantly, under strict liability, the defendant does not need to be aware of the danger or mean to injure the plaintiff. In mesothelioma cases, a plaintiff claims that a defendant made a product containing asbestos that the plaintiff was exposed to, and as a result of this exposure, the plaintiff developed mesothelioma. In a negligence and strict liability asbestos cases, causation often becomes most difficult element to prove for the plaintiff.
In other words, the plaintiff must prove the asbestos exposure from the product caused his or her mesothelioma. This is complicated by the fact that the effects of exposure to asbestos may not become apparent for several decades. Because of this long period of dormancy, a defendant may claim that the plaintiff was exposed to asbestos manufactured by another company and that those factors caused the development of mesothelioma.
Experts in Mesothelioma Cases
The attorneys at the Throneberry Law Group have experience using many different legal theories to help victims recover for their exposure to asbestos. We would like to put that experience to work for you.