QUESTION
Do I have legal action if my son was exposed to Asbestos?
Asked on Jan 14th, 2011 on Personal Injury - Florida
More details to this question:
My son previously attended a school from 7th through 12th grade, and they recently discovered that there was asbestos in the building. They are working to remove the asbestos now. Can I take legal action against them for exposing my son to asbestos?
15 ANSWERS
Personal Injury including Litigation Attorney serving Wilmington, DE
at
Ramunno & Ramunno, P.A.
Update Your Profile
There are manyindividual and class action claims as a result of exposure to asbestos.So you could bring a claim or join a pending class action, butyou would have to establish an injury caused by the exposure. Therefore, you should discuss this with your doctor and then discuss with an attorney who specializes in this type of claim, involving asbestos.
Answered on Mar 23rd, 2011 at 10:58 AM
Sam Louis Levine
You would need to prove causation, clinically proven injuries & damages. With a five year exposure, there is the obvious potential for long term harm. I hope your son gets better.
Answered on Mar 23rd, 2011 at 10:56 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
Exposure does not automatically lead to the sickness associated with asbestos, but it could. Check in with his doctor and educate yourself on asbestos exposure. It can take 30 years to see symptoms. If his doctor notes issues, then a case would be in order.
Answered on Mar 23rd, 2011 at 10:54 AM
3 Awards
Under Georgia law a parent has a claim for medical expenses incurred for their children. The statute of limitations on this claim usually runs after 2 years. However, the minor would have an independent bodily injury claim and the statute on the minors claim would not begin to run until the minor reaches the age of 18.
Answered on Mar 23rd, 2011 at 10:06 AM
Personal Injury Attorney serving Chicago, IL
Partner at
Willens & Baez Personal Injury Lawyers, P.C.
Asbestos is the name given to a group of naturally occurring minerals that occur as bundles of fibers. When materials containing asbestos are disturbed, they can release tiny asbestos fibers which are then inhaled into the lungs. People who are exposed to asbestos can contract mesothelioma, also known as "asbestos cancer" which is a rare form of cancer found in the lining of the heart, lungs, abdomen, or the internal reproductive organs. If while your son was at the school which contained asbestos, but the materials containing asbestos was not disturbed, there probably is not a case. Due to the ever-changing nature of asbestos litigation, it is important to contact an experienced asbestos attorney if you feel you have a case. People who are exposed to asbestos and contract mesothelioma can bring an action or file suit against those responsible and recover compensation for their damages.
Answered on Mar 22nd, 2011 at 9:32 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Exposure, in of itself may not be enough. If he develops medical problems as a result of the exposure, he would probably have cause to sue. It is my understanding that symptoms take at least ten years to appear.
Answered on Mar 22nd, 2011 at 9:32 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
It depends on whether he is injured because of the exposure. If your son has health problems such as mesolithioma, then yes, he likely has a claim.
Answered on Mar 22nd, 2011 at 9:31 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Not unless your son has contracted one of the diseases which can be caused by asbestos, like mesothelioma. Try calling Wayne Hogan in Jacksonville. He's a lawyer who has handled many of these cases.
Answered on Jan 17th, 2011 at 11:58 AM
Wrongful Death Attorney serving Salem, OR
at
Swanson Lathen Prestwich, PC
Update Your Profile
Probably. Some public entities, if your son went to a public school, have certain limitations on the claims you could bring. Also, you would have to show that your son actually suffered some harm as a result of the exposure.
Answered on Jan 17th, 2011 at 11:43 AM
Thank you for your injury question about asbestos exposure. An experienced injury attorney needs to know which state the school was in for analysis of the question. Another key issue issue is the harm in the case. Are here any physical problems resulting from the exposure? Has there been any medical monitoring of your son? If the claim is only one of exposure and no damages, the claim may be premature. There are also question about immunity as many states provide schools immunity for simple negligence. It is a complicated issue and an experienced injury lawyer can help you with the questions you have.
Answered on Jan 17th, 2011 at 8:13 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Probably. The real question is whether the exposure caused any damage. Do you have a doctor who says that such exposure caused real harm.
Answered on Jan 17th, 2011 at 7:28 AM
Construction & Infrastructure Attorney serving Chicago, IL
at
Peckar & Abramson A Professional Corporation
Update Your Profile
I think we need a little more information to answer your question, including whether your son is sick or has been diagnosed with any asbestos-related illness. You should contact an attorney to discuss your rights.
Answered on Jan 15th, 2011 at 9:43 PM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Thank you for your email, and we look forward to hearing from you.
Answered on Jan 15th, 2011 at 8:43 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
I would search for an attorney that specializes in asbestos cases.
Answered on Jan 15th, 2011 at 3:43 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Only if he has injury or develops a medical condition as a result of the exposure.
Answered on Jan 14th, 2011 at 4:28 PM