QUESTION
What is a reasonable amount to ask in damages for property manager exposing me to asbestos?
Asked on Mar 10th, 2017 on Personal Injury - California
More details to this question:
There was a fire in the apartment complex where I was living, and ceiling materials containing asbestos fell on the floor of my apartment. The property management company refused to clean it up before requiring me to move my things out of my apartment. I haven't been diagnosed with a disease, but it can take 20-50 years for mesothelioma to develop. I'm wondering how much is reasonable for me to ask in damages. If possible, I'd like an attorney experienced in toxic exposure to reply. Also, I'm not sure what area of law this would fall under.
1 ANSWER
I do not have any experience in toxic exposure, but I think you likely have no case. Since it is not a matter of absolute liability [at fault whether or not there is any negligence], you must ?some negligence by the owner or their agents. Having asbestos in the building structure is not negligent in itself. Unless you can show the fire was caused by their negligence, you would have to show it was unreasonable for them to insist you move your property out before they started to remedy the problem [actually, I think they likely should have told you to dispose of all of it]. You also have the big problem of showing you suffered any damages. ?That you might develop symptoms in 20 years is highly speculative, so can not be considered. The fear you might suffer injuries in the future would not suffice without some obvious physical injury.
Answered on Jun 01st, 2017 at 6:35 AM