Augusta Georgia Asbestos Personal injury law firm
Asbestos Wrongful Death lawyer in Evans Georgia
Parts of a product liability asbestos lawsuit
A. Against the employer:
When your employer did purchase equipment marketed as being effective against asbestos exposure and trained you in its use, the employer will have very limited or zero liability.
When you were supplied with this equipment and refused to use them, your damages may be substantially lower since you contributed to your illness – a theory called contributory negligence. So, for instance, when you refused to wear a respirator because it was uncomfortable, the employer may be able to successfully argue that your illness was actually the result of your actions or lack of action.
B. Against the manufacturer:
If the manufacturer did not realize that its safety equipment products were ineffective, it will still be liable to you for providing an ineffective product. The damages from the manufacturer might not be much, unless your asbestos attorney can show that the manufacturer didnt conduct sufficient testing to be able to find out if the safety equipment was effective or not. The damages may also be increased when the manufacturer actively promoted the products as being effective while they were not.
When the manufacturer was aware the safety equipment was ineffective however still marketed it as being effective against asbestos exposure, you will be able to claim punitive damages from the manufacturer or, at least, have the manufacturers liability increased.
C. Against the supplier of the asbestos:
If the asbestos supplier simply supplied asbestos without taking steps to warn about the dangers of asbestos exposure, the supplier may share in the liability to some extent. There may be a small change in how much damages will be awarded depending on how well they warned end users of the danger of asbestos exposure, but it is rare. When the supplier attempted to make end users aware of the dangers, it may help reduce the damages that they are required to pay.
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