Environmental and Occupational Asbestos Laws

As of November 2000, state and local government workers in Alabama are protected from exposure to asbestos by an amendment to the Asbestos Worker Protection regulations and the AHERA (Asbestos in Schools ruling). In the absence of a state Occupational Health and Safety board, government workers in Alabama are afforded the same protections that are available to workers in the private sector. Those protections include requirements for training, accreditation, and levels of asbestos allowable in the workplace.

Determination of Liability

The Alabama courts follow a pure contributory negligence system for determining liability. In a pure contributory negligence system, a plaintiff can only recover damages for their injuries if their performance did not contribute to their illness or injury.

The courts in Alabama are governed by the common law principle of joint and several liability. Under joint and several liability, each defendant is jointly and severally liable for the entire amount of the judgment entered by the court.

There have been a number of ground-breaking and precedent setting asbestos lawsuits in Alabama. One of the most important of these was Pace v. Armstrong World Industries (1991). In that case, the court determined that the families of those who died of an asbestos-related illness could sue for wrongful death damages.

An experienced mesothelioma lawyer can offer further information about possible options to recover damages and compensation for those diagnosed with asbestos-related illness.

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