Philadelphia Asbestos Lawyers:  Manufacturers’ Liability for Asbestos Exposure

The dangers of asbestos-related illnesses are known to many. Over the past few decades, precautions have been used when dealing with the removal of the material and employers need to follow specific guidelines when it comes to handling asbestos.  

In a 2012 lawsuit in California, it was determined by a lower court that a manufacturer of a product cannot be held liable for asbestos exposure unless it can be proven that the use of the product or the product combined with other materials has caused harm.

During the 1970s, a California mechanic consistently worked with a brake lining machine made by the Hennessy Company.  While in use, the machine released asbestos dust. He claimed that his wife’s second-hand exposure to the particles he brought home on his work clothes caused her to contract mesothelioma which resulted in her death.

While the lower court did not hold the manufacturer liable, the California Court of Appeals reversed this judgment in favor of the plaintiff. It was determined that the manufacturer’s product was made to be used with another product which, in turn, created the hazardous situation. Although the brake lining machine was manufactured to remove asbestos, the method of removal actually caused dust to escape in the air.

The court also determined that the Hennessy Company should have issued a warning that the intended use of the product was to remove dangerous materials, and also that caution should be taken when using the machinery.

Mesothelioma is a rare cancer caused by exposure to asbestos. Signs and symptoms of the disease may not appear until 20 to 50 years after exposure.  Although positive strides are being made, it is often difficult to diagnose and at this time treatment is moderately successful at best.

Philadelphia Asbestos Lawyers at Brookman, Rosenber, Brown & Sandler Represent Those Who Have Lost Loved Ones Due to Asbestos Exposure

If you have lost a family member due to second-hand asbestos exposure, you may have grounds to file a wrongful death suit. Philadelphia asbestos lawyers at Brookman, Rosenberg, Brown & Sandler know how devastating losing a loved one can be. We will work diligently to get you the compensation to which you are entitled.  We serve clients in and around the Delaware Valley and New Jersey. Call us today at 1-800-369-0899 or contact us online to discuss your case.