The History of Asbestos Legislation
Exposure hazards to asbestos have been recognized for quite a while; However, federal policymakers have not been fast enough to develop thorough laws to address this critical issue.
In the United States, many citizens are universally willing to ban asbestos from use. Today, many products still contain this toxic material.
Those living in the United States, sadly, are not protected similarly as those around the world, in over 50 countries, which have banned using asbestos.
Regarding the history of asbestos legislation, the United States Congress passed legislation that was limited in the provision of compensation to those who sustained injuries via asbestos, going back to the 1930s when evidence in medicine was discovered to be linked directly to the exposure of asbestos to disease that is life-threatening.
Manufacturers continued using fire-resistant contents even with proof correlating exposure to asbestos, and the likelihood of subsequent critical health problems.
Asbestos was used, previously, to insulate ships and buildings, as well as a heat resistor in several products, which include pipe insulation, gaskets, paint, flooring materials, pipe fittings, braking systems, et al.Asbestos Exposure Destructive for Workers
During the latter part of the 1960s and throughout the 1970s, lawmakers in the United States could no longer ignore the escalating numbers of victims who sustained injuries or were killed by asbestos exposure during the long-term.
Although the lawsuits filed initially against distributors and manufacturers of asbestos happened back in 1929, lawsuits and claims by the numbers had reached shocking proportions by the decade of 1970s.
Victims were pursuing to recover damages to recoup lost wages, pay medical bills, and pay for suffering and pain.
Surviving loved ones filed lawsuits for wrongful death to seek compensation for losing a family member as a result of a decades-long exposure to asbestos.
Proving that there was an occurrence of product liability, it’s crucial to prove initially that certain parties can be held liable for negligence for your sustained injuries or the wrongful death of a loved one.
The defendant must have neglected to fulfill the proper standard of care.
Examples may entail failure to diagnose or misdiagnosis of a disease; failure to offer proper treatment for a healthcare condition; delay of treatment unreasonably subsequent to diagnosis; or toxicity of the product, as we see in the history of asbestos legislation.
Once you can prove that the product manufacturer or a business owner, supervisor, or manager fell short of maintaining standards of safety, it may be necessary to connect a result of harm sustained, and identify damages quantifiable which have been incurred.
In correlation to the history of asbestos legislation, state law mandates that plaintiffs present expert testimony to seek damages in support of claims for sustained injuries.
Experts can help establish in a particular situation the standard of care, and explain how the defendants knew the product was toxic, and how due to negligent actions you sustained injuries, as a result of the party held liable.