Diagnoses of asbestosis and mesothelioma, two diseases caused from asbestos exposure, erupted during the 1970s.
By the 1980s, evidence was found that since asbestos use began in the early 1900s, asbestos manufacturers had known of its dangers when released free-floating into the air.
And then the lawsuits began, said Peter Bell, a Syracuse University Law Professor.
Today, Bell explained that people throughout the country who were exposed to asbestos sue to receive monetary damage for medical bills, lost wages and pain and suffering.
Even with the litigation threat, though, plenty of people don't follow asbestos removal rules, Bell said.
“It's very expensive to use a licensed asbestos remover. It adds thousands of dollars to a project,” Bell said. “It's a constant financial incentive to cut corners.”
Significant damages can result from asbestos lawsuits, but because the effects of exposure are not known until 20 to 30 years later, it causes a wrinkle in the legal system, Bell said.
“There is a lot of vagueness in the cases because there is no minimum amount of exposure that can say you'll be fine and won't get a disease later on,” Bell said. “That's why state and federal regulations have become so strict.”
Asbestos was once regarded as great material for insulation for buildings and pipes, Bell said. It is no longer used for those purposes, but it exists in many older buildings.
“When it's locked in place and not disturbed, it's fine,” Bell said. “But when particles become free-floating in the air, it's very dangerous.”
And that is what has happened in Cayuga County, a development that has prompted claim notices to be filed against the county for possible exposure.
People file notices of claims when they believe they have been injured by a governmental institution before a 90-day statute of limitation ends. Once that time period expires, the government does not have to consider claims, Bell said.
Auburn Attorney Carl DePalma explained that the clock for Cayuga County employees and public who may have been exposed to asbestos in the Board of Elections began on July 26, when news of asbestos in the county Board of Elections building became public.
“Notices of claims allow governments time to make a budget for the possibility of a lawsuit,” Bell said. “But a notice of claim doesn't mean there will be a lawsuit.”
People can sue the institution with a civil case on the basis of a fear of cancer, but cannot sue for medical injuries until testing proves they have been exposed.
New sophisticated testing may determine if a person has inhaled asbestos, DePalma said. If the testing works accurately showing that asbestos has been inhaled, lawsuits against the county may begin more quickly.
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
And then the lawsuits began, said Peter Bell, a Syracuse University Law Professor.
Today, Bell explained that people throughout the country who were exposed to asbestos sue to receive monetary damage for medical bills, lost wages and pain and suffering.
Even with the litigation threat, though, plenty of people don't follow asbestos removal rules, Bell said.
“It's very expensive to use a licensed asbestos remover. It adds thousands of dollars to a project,” Bell said. “It's a constant financial incentive to cut corners.”
Significant damages can result from asbestos lawsuits, but because the effects of exposure are not known until 20 to 30 years later, it causes a wrinkle in the legal system, Bell said.
“There is a lot of vagueness in the cases because there is no minimum amount of exposure that can say you'll be fine and won't get a disease later on,” Bell said. “That's why state and federal regulations have become so strict.”
Asbestos was once regarded as great material for insulation for buildings and pipes, Bell said. It is no longer used for those purposes, but it exists in many older buildings.
“When it's locked in place and not disturbed, it's fine,” Bell said. “But when particles become free-floating in the air, it's very dangerous.”
And that is what has happened in Cayuga County, a development that has prompted claim notices to be filed against the county for possible exposure.
People file notices of claims when they believe they have been injured by a governmental institution before a 90-day statute of limitation ends. Once that time period expires, the government does not have to consider claims, Bell said.
Auburn Attorney Carl DePalma explained that the clock for Cayuga County employees and public who may have been exposed to asbestos in the Board of Elections began on July 26, when news of asbestos in the county Board of Elections building became public.
“Notices of claims allow governments time to make a budget for the possibility of a lawsuit,” Bell said. “But a notice of claim doesn't mean there will be a lawsuit.”
People can sue the institution with a civil case on the basis of a fear of cancer, but cannot sue for medical injuries until testing proves they have been exposed.
New sophisticated testing may determine if a person has inhaled asbestos, DePalma said. If the testing works accurately showing that asbestos has been inhaled, lawsuits against the county may begin more quickly.
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
The Citizens' Say
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Breathless wrote on Sep 23, 2006 11:23 PM:
R W Ackerman wrote on Sep 18, 2006 6:51 AM:
manny wrote on Sep 17, 2006 10:43 AM: