QUESTION
Do I have legal action if my son was exposed to Asbestos? How?
Asked on Jun 09th, 2015 on Personal Injury - Washington
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?
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can be "exposed" to asbestos by walking past a building that is more than 50 years old. You would have to prove that your son was harmed, and then file an asbestos claim.
Answered on Jul 27th, 2015 at 2:55 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Can you prove that he was affected? I'd contact one of the asbestos class action attorneys.
Answered on Jul 27th, 2015 at 2:55 PM
Thomas Edward Gates
No, he would need to show ill effects. Since he has no damages, he has no claim.
Answered on Jul 27th, 2015 at 2:55 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This is a harder question than it may appear. Apparently your son has not suffered any injury from his possible exposure to asbestos, so what are the damages? Increased anxiety for the next decades? There have been a number of 'mass tort' cases involving asbestos over the past 30 years or so, some of which have led to the establishment of trust funds for future victims. Contact a very skilled personal injury lawyer, who can find out more about this possibility. I would not expect, however, that your son will get rich from it. Good Luck.
Answered on Jul 27th, 2015 at 2:55 PM
Edwin K. Niles
Yes; there are a few lawyers who work on asbestos cases. Check with your local bar assn.
Answered on Jul 27th, 2015 at 2:55 PM
James Eugene Hasser
Possibly if he was injured. You would need to take him to a pulmonologist for specialized testing to see if he has asbestos in his body. Good luck.
Answered on Jul 27th, 2015 at 2:55 PM
To be successful, you must show that he suffered some injury, which will require hiring an expensive expert.
Answered on Jul 27th, 2015 at 2:55 PM
Ronald A. Steinberg
Only if you can prove that the exposure CAUSED him to suffer some medical condition. Most asbestos is caked onto pipes, etc., and does not generally create a major problem UNTIL IT BECOMES DISTURBED AND THE FIBERS FLOAT THROUGH THE AIR WHERE THEY CAN BE INHALED. So, merely being in a building with it does not necessarily create a case, all by itself. There has to be inhalation of the fibers, their getting down into the alveoli (air sacs) of the lungs, and the disease process being created, in order for their to be a case.
Answered on Jul 27th, 2015 at 2:55 PM
Lisa Hurtado McDonnell
I would check to see if their is a class action lawsuit against his school or the school district. If he has no symptoms from exposure then you don't have a case at this time.
Answered on Jul 27th, 2015 at 2:55 PM