You worked hard for decades without knowing the danger surrounded you. Now you face an asbestos-related illness that changed everything. Someone should be held responsible for this preventable harm. Liability for asbestos exposure depends on the specific facts and circumstances of each case.
Employers, manufacturers, property owners, and contractors may all bear legal responsibility. The key factor is whether they knew about asbestos exposure dangers but failed to warn you. Many Florida workers were never told about these serious health risks. In this blog, you will learn who can be held accountable and how to protect your legal rights.
What Is Asbestos Exposure and Why It Leads to Legal Claims
Asbestos exposure occurs when microscopic fibers become airborne and enter your lungs. Common sources include insulation, ceiling tiles, floor coverings, and pipe wrapping. Construction sites, shipyards, power plants, and older buildings throughout Florida contain these materials.
Workers handled asbestos products daily without proper protection or warnings. Occupational settings created the highest exposure risks for Florida workers. Shipbuilders in Jacksonville and Tampa faced particularly dangerous conditions. Railroad workers, electricians, and mechanics also encountered asbestos regularly.
Health risks include mesothelioma, asbestosis, and lung cancer. These diseases often do not appear until 20 to 50 years after exposure. Asbestos claims arise when victims discover their preventable illness decades later. The latency period makes proving liability more complex but not impossible.
When Employers May Be Liable for Workplace Asbestos Exposure
Florida employers have specific responsibilities to protect workers from known hazards. They must provide safe working conditions and proper safety equipment. OSHA standards require employers to monitor asbestos levels and provide respiratory protection. Training about asbestos dangers is mandatory for at-risk workers.
Employer liability in workplace asbestos cases involves several considerations:
- Workers’ Compensation System: Most workplace injuries fall under Florida’s workers’ compensation system. This provides medical benefits and wage replacement without proving employer fault. However, benefits are limited compared to civil lawsuits. Workers’ compensation typically bars you from suing your employer directly.
- Safety Violations: Employers who violate OSHA asbestos regulations may face additional liability. Failing to provide protective equipment or proper training can constitute negligence. Workplace asbestos exposure compensation may be available through regulatory penalties. However, serious violations do not always create civil lawsuit rights against employers.
- Intentional Harm: Florida law allows lawsuits when employers intentionally expose workers to known dangers. Proving intent requires showing the employer knew asbestos would cause harm. This high legal standard is difficult but not impossible to meet in extreme cases.
However, employer liability is not always the only legal path available.
Can Manufacturers Be Held Responsible in an Asbestos Lawsuit?
In many asbestos lawsuits, manufacturers may be liable if they failed to warn workers about known health risks. Product liability law holds companies responsible for dangerous products. Asbestos manufacturers knew about cancer risks but hid this information for decades. They failed to provide adequate warnings on product labels.
Defective materials created unreasonable dangers for end users. Construction workers and shipyard employees used these products without knowing the risks. Asbestos liability extends to companies that supplied materials to Florida worksites.
In Florida, an asbestos exposure lawsuit may name several manufacturers as responsible parties. These companies can be sued even if your employer cannot. Product liability claims do not require proving negligence in some cases. Strict liability applies when products are unreasonably dangerous.
Are Property Owners or Contractors Liable for Asbestos Exposure?
Yes, property owners and contractors can be held liable for asbestos exposure under specific circumstances. Building owners have legal duties to maintain safe premises. They must identify asbestos-containing materials before renovations or demolitions.
Florida law requires proper asbestos surveys by licensed consultants. Property owners must disclose known asbestos presence to tenants and contractors. Commercial building responsibility includes hiring licensed asbestos removal companies.
Contractors who disturb asbestos without proper precautions may face asbestos liability. Premises liability principles apply when owners fail to warn about known hazards. Landlords can be sued if they expose tenants to asbestos during renovations.
Contractors must follow strict removal and disposal procedures under Florida regulations. Liability often depends on control over the property and knowledge of the hazard.
Who Can File Asbestos Claims After a Death?
When asbestos disease causes death, family members have important legal rights. Florida’s wrongful death statute allows specific people to seek compensation.
Eligible parties to file wrongful death asbestos claims include:
- Personal Representative: Florida law requires the deceased person’s estate to file the wrongful death lawsuit. The personal representative acts on behalf of all surviving family members. This person is typically named in the will or appointed by the court. They must file the claim within the applicable time limits.
- Surviving Family Members: Spouses, children, parents, and certain dependents may recover damages. Each family member has different rights under Florida law. Spouses can seek loss of companionship and support. Children may recover from lost parental guidance and financial support. Parents of minor children can file for their own losses.
- Time Limits: Florida provides two years from the date of death to file wrongful death claims. This deadline is strict and rarely extended. Asbestos claims after death require immediate legal consultation. Missing the filing deadline eliminates your right to pursue asbestos compensation.
How Compensation Is Determined in Asbestos Cases
Asbestos compensation varies based on many case-specific factors. Medical expenses include all treatment costs for asbestos-related diseases. Hospital bills, specialist visits, and ongoing care receive full reimbursement.
Lost income covers wages you cannot earn because of your illness. Future earning capacity matters if you can no longer work. Pain and suffering damages address physical discomfort and emotional distress. Wrongful death damages compensate families for losing a loved one to mesothelioma.
The average asbestos settlement depends on exposure history, disease severity, and defendant culpability. Settlement values vary based on evidence and case specifics. No two cases produce identical results. Some victims recover over one million dollars while others receive less.
What Must Be Proven to Establish Asbestos Liability
Florida law requires proof of specific elements in asbestos claims. Exposure must be documented with employment records and witness testimony. You must identify when and where you encountered asbestos products. Causation links your asbestos exposure to your medical diagnosis.
Medical experts testify about this connection. The responsible party must be clearly identified. Companies that manufactured, sold, or distributed asbestos products face potential asbestos liability. Medical documentation confirms your asbestos-related disease.
Pathology reports and diagnostic imaging provide critical evidence. Your doctor must rule out other causes of your illness. This proof establishes that asbestos claims have merit and deserve compensation.
What To Do If You Suspect Asbestos Exposure
If you believe you were exposed to asbestos at work or through other activities, take action immediately. Early steps protect your health and strengthen potential legal claims.
Follow these important steps:
- Seek Medical Evaluation: Schedule an appointment with your doctor to discuss your exposure history. Mention any work in construction, shipyards, railroads, or older buildings. Request a chest X-ray or CT scan to check for lung abnormalities. Early detection improves treatment outcomes significantly. Your doctor can refer you to specialists if needed.
- Document Employment History: Create a detailed list of all jobs where you may have encountered asbestos. Include company names, job locations, and dates of employment. Note specific tasks that involved asbestos-containing materials. Coworkers who shared your experience can serve as witnesses. This documentation becomes critical for asbestos claims later.
- Preserve Records: Keep copies of all medical records, test results, and treatment plans. Save employment documents, pay stubs, and work-related correspondence. Photographs of your workplace can help prove exposure. Do not discard anything that might support your asbestos exposure lawsuit Florida case.
- Consult Legal Guidance: Contact an experienced asbestos attorney to discuss your situation. Legal guidance helps you understand whether asbestos claims are appropriate. Attorneys can identify responsible parties and evaluate your case. Free consultations allow you to explore options without financial risk.
How Rosenberg & Rosenberg, P.A. May Help
Rosenberg & Rosenberg, P.A. is a family-run South Florida firm serving injured individuals for over 50 years. We focus on workers’ compensation and personal injury cases including complex asbestos matters.
Our multilingual team provides services in English, Spanish, and Creole. We may help evaluate your options if you suspect asbestos exposure caused your illness. Our attorneys can review your potential asbestos claims and explain available legal remedies.
We can determine whether an asbestos lawsuit is appropriate in your specific situation. Contact us today for a free consultation about your case. Call us anytime at our 24/7 availability number to discuss your concerns.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal or medical advice. Every asbestos exposure case is unique. Outcomes depend on specific facts, medical evidence, exposure history, and legal circumstances. Settlement amounts vary widely based on individual case factors. This content should not be used as a substitute for advice from a licensed Florida attorney or qualified medical professional. For advice about your specific situation, please contact Rosenberg & Rosenberg, P.A. for a legal consultation. Past results do not provide any prediction of future outcomes.
