Asbestos In Your Area

Asbestos in the State of Alabama

Asbestos Exposure in Alabama

Alabama has been home to most of the industries where workers are commonly exposed to asbestos. Indeed, any industry that uses electricity, heat, flame or corrosive materials in its processes will have a use for the insulating and pliable qualities of asbestos. Marine construction and repair, steel and iron mills, power generating stations, pulp and paper mills and oil refineries are some of the businesses that operate or have operated in Alabama that are sources of asbestos exposure. Asbestos has also been used in the manufacture of pipes for water systems in areas of Alabama. Added to cement, it was seemingly well suited for piping that is resistant to both heat and cold, extremely flexible and durable.

At-Risk Occupations and Locations in Alabama

Millwrights, machinists, welders and anyone operating machinery such as cutters or grinders have a high risk of exposure. Asbestos was commonplace in shipyards and mills and used anywhere there was need for heat or flame protection. Found in gaskets, as a spray coating on engines, pipes, turbines, electrical conduit and even on walls and doors. Ironically, another common risk of exposure is the safety clothing worn to protect workers from burns. Because of its flexibility and heat resistant properties, asbestos has been used in the manufacture of safety gloves, leggings, aprons, overcoats and masks.

This fact increased the risk of second hand exposure with workers wearing clothing home from the workplace thus exposing their families through handling and laundering. Asbestos is most dangerous if it is disturbed or damaged but also becomes brittle, or frailable, as it ages. Disturbed or damaged, it will then release an airborne dust composed of microscopic needles that when inhaled, find purchase in the soft tissue of the air sacs in the lungs. Lung cancer and asbestosis (non-cancerous scarring of lung tissue) have been linked to asbestos exposure. Also, exposure to asbestos is the sole known cause of mesothelioma, a deadly form of cancer which can affect the lining of the lungs, heart or abdomen. When ever asbestos is found, the EPA only requires removal to prevent significant public exposure. In-place management is recommended for those instances where asbestos is found, but not damaged or disturbed.

Asbestos-related Deaths in Alabama

Since 1979 there have been 741 asbestos related deaths in Alabama. 507 deaths form asbestosis and a further 248 from mesothelioma. Although some individuals may develop symptoms within months of asbestos exposure, it can be years or even decades before others show any signs of either asbestosis or mesothelioma.

Legal Resources for Alabama Residents

Alabama was one of the first states to allow a discovery rule relating to asbestos claims. Prior to this, the statute of limitations, the period of time within which you must file an asbestos claim or forfeit the right to sue, started at the time of exposure. Because symptoms may not appear literally decades after exposure, the statute of limitations had run out by the time many were diagnosed with an asbestos related illness.

The discovery rule pertains only to asbestos related cases, only to those exposed after May 19. 1980 and who have been professionally diagnosed. This allows victims of asbestosis or mesothelioma to file suit within one year of diagnosis. Unfortunately, there are many suffering today from asbestos related disease that was exposed long before 1980.

There have been a number of important court cases in Alabama in regards to asbestos claims. The first was Pace v. Armstrong World Industries in 1991. The court determined that families of people who die of asbestos related illnesses could legally collect "wrongful death" damages. What made this important was that they could collect even if a suit by the victim may not have been heard because of the restrictive statute of limitations.

Another major case from 1995 was Owens-Corning Fiberglass Corp. v. Gant. The significance of this case was that the Alabama Supreme Court allowed the jury to determine whether those bringing suit had been exposed to Owens-Corning products containing asbestos, and that a consolidation of cases was appropriate. Allowing many people to sue a single company can lead to a stronger case for the plaintiffs than could be had by any one person pursuing legal action on their own.

More recently an Alabama court had ruled that those seeking redress for damages due to diseases caused by toxic substances must file suit within two years of their exposure to the substance but only after they become sick. This ruling was appealed to the U.S. Supreme Court as it created an impossible "catch-22" for many of the victims, as symptoms of the disease may not appear for many years. The Supreme Court declined to hear the case. This leaves an avenue open for family members to collect damages in wrongful death suits, but little hope for the victims themselves to recoup any damages while they are still alive.

Those currently involved in the construction trades are the most likely to be exposed to asbestos. Occupational exposures include repair, renovation, removal or maintenance of asbestos products that were installed years previous. Second hand exposure is as potentially threatening as it is for those directly handling the asbestos product. Over 60 percent of the asbestos produced today is used in the construction industry. With this in mind the chances of asbestos exposure is strong unless occupational safety standards are followed.

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