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Appeals Court: Primary Family Members Have Standing in “Second Hand” Asbestos Cases

One of the primary reasons that asbestos is so dangerous is that it can be inhaled. The substance has been used for decades in various industrial applications, and has been known to cause deadly respiratory illnesses for practically just as long. The fact that asbestos is primarily dangerous to the lungs and respiratory tract means that anyone who is in a position to accidentally inhale the substance may be at risk of developing asbestos related diseases, such as mesothelioma, down the road. This fundamental fact was the subject of a recent Appeals Court ruling.

Recently an Appeals Court ruled that a 49 year-old truck driver’s lawsuit, against a company which exposed his uncle to asbestos, could proceed. The man used to live with his uncle when he was just a boy, and his uncle would apparently come home with asbestos dust on his clothing. It is believed that this dust was frequently inhaled by the boy, causing asbestos related illness years later. The court ruled that the company which employed uncle could not be held liable for any and every person who may have developed asbestos related illnesses after coming in contact with the uncle, but that members of the uncle’s primary family, including those who lived with him, do have standing.

The court said that those who live in the homes of employees who worked with asbestos,  “who are likely to be affected by toxic materials brought home on the worker’s clothing,” have standing to bring lawsuits after having developed asbestos related illnesses.

If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Ed Lauter Asbestos Case Targets Wide Range of Industries – Including Film

A lawsuit filed by the survivors of actor Ed Lauter is demonstrative of the wide range of products and locations which commonly are treated with asbestos. Lauter’s family filed a lawsuit in the Los Angeles County Superior Court in April, and named various manufacturing and broadcasting companies as defendants, including:

  • CBS Corporation
  • Ford Motor Company
  • General Electric Company
  • Georgia-Pacific LLC
  • Honeywell International, Inc.
  • Ingersoll-Rand PLC
  • Union Carbide Corporation

The crux of the case is that the companies listed all used asbestos in one way or another, and knew that the substance was toxic and caused fatal asbestos related diseases. Tellingly, the attorney representing the actor’s survivors says that Lauter’s motion picture career put him at risk of exposure, which is somewhat of a novel claim in the asbestos law community. But, if proven true, this claim could be a major revelation in Hollywood going forward. The attorney says that Lauter was exposed to asbestos when working on various movie sets and locations in the Los Angeles area between approximately 1958 and 1979.

This case shows just how widespread asbestos use is in the country, and gives a sense for the challenges presented to any attorney looking to pin down the most likely source of asbestos related diseases when a client has potentially been exposed in various areas of life over long periods of time.

If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

 

 

-video- Everyday Asbestos Hazards

When remodeling an old home or building it is often recommended that those doing the updates take special precautions in order to minimize the risk of asbestos exposure. This is because it is widely known that many old buildings were constructed using materials which contained asbestos, materials such as insulation and flame retardant materials. But many people would probably be extremely surprised to find that asbestos is contained in a wide range of everyday household products including:
• Clutch plates
• Brake pads
• Carpet mastic
• Ceiling tile mastic
• Chimney flue lining
• Ceiling tiles
• Pipes
• Felt
• Vermiculite
• Fire doors
• Spray-on fireproofing
• Siding
• Vinyl floor tiles
• Vinyl sheet flooring (linoleum)
• Wall panels
In the following video, which was produced for the Australian market but is just as relevant for Californians, you’ll see an expert go through a typical house and point out all of the asbestos hazards.

If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

-Video- Asbestos Used Despite Officials Knowing the Risks

The video below shows some of the of modern history of asbestos, and why the mineral is found in so many products across the globe. And what can be seen here is that authorities knew of asbestos’dangers from very working on, but nevertheless allowed the product to be marketed and sold as if it were perfectly safe to use.

Asbestos has many beneficial properties including the resistance, chemical resistance, and hide tensile strength. As can be seen here, asbestos was manufactured in mass quantities during the Industrial Revolution Era in the Western world. Perhaps surprisingly, as far back as 1898 British health inspectors linked asbestos with lung disease. Despite the warnings asbestos use continue to grow over the years, resulting in untold deaths across the world.

 

If you or someone you know has suffered the results of asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation

California Men See Prison for Using Students to Clean Up Asbestos

Asbestos is a highly dangerous substance which has been used in industrial applications for centuries.  Because of its widespread use in millions of buildings in the United States, the ongoing cleanup of asbestos is expected to continue at a slow pace over the course of several decades.  Two California men, who were involved in the cleanup of an asbestos treated building in Atwater, were recently sentenced to prison for their despicable way of going about the process.

Two men in Merced County were recently sentenced to prison, one receiving a 24 month sentence and the other a 27 month sentence, as a result of using high school students to clean up asbestos in a building in Atwater.  The men, who ran a nonprofit organization called Firm Build, were contracted by the Merced County school system to help students receive job training.  But, instead of providing them with a safe and educational job training program, the men used the students for the dangerous work involved with cleaning up asbestos.

They were sentenced under Federal asbestos statutes.

Putting the lives of our young people in danger in this way is despicable, as previously mentioned. But the truth is that thousands of people have unsuspectingly become the victims of asbestos exposure. If you, or someone you know, has developed disease as a result of asbestos exposure, call  Brayton Purcell, LLP, at (800) 598-0314 today for a free consultation regarding getting you the compensation you deserve.