Asbestos In Your Area

Asbestos in the State of Arkansas

Asbestos Exposure in Arkansas

In Arkansas, there are only two locations where asbestos occurs naturally, the Hot Springs area and Russellville area, both of which are in the western part of Arkansas. However, there are many electrical plants, power plants and oil facilities throughout Arkansas where asbestos products are used and where asbestos exposure risks are high.

Asbestos exposure can cause diseases such as asbestosis and mesothelioma, both of which are only caused by asbestos exposure. While other factors may weigh in on the diseases, people can not contract these diseases by any other means - they must have been exposed to asbestos at some point in time. Mesothelioma, a deadly cancer of the lining of the lungs, heart or abdomen, takes between 15 and 50 years to appear after the exposure to asbestos.

At-Risk Occupations and Locations in Arkansas

There are 10 power generating stations and three oil facilities that have been noted as being places where workers have been exposed to asbestos products, which are located in Fayetteville, Jonesboro, Little Rock and Pine Bluff, thusly putting workers at a higher risk for asbestos related diseases such as mesothelioma and asbestosis.

Besides the commercial properties where asbestos was used greatly, the Arkansas Historic Prevention Program noted that asbestos home siding was a popular choice amongst homeowners for quite some time. The reasons for asbestos siding's popularity were because of its fire proof properties as well as the fact that there was no need for paint jobs to be done in the future. This home siding came in a variety of styles. Of course, asbestos was also used in roofing, insulation and pipe coverings as well, just to name a few.

Today, asbestos is still a problem in buildings throughout Arkansas. Just recently, in October 2007, two buildings in Lowell that were going to be demolished were found to be laden with 700 square feet of asbestos materials. The removal of asbestos materials in Arkansas is governed by the Arkanasas Department of Environmental Quality under the Pollution Control and Ecology Commission Regulation 21, on asbestos abatement. While this document is 66 pages long, it basically outlines the safety rules and regulations for disposal of asbestos products.

Asbestos-related Deaths In Arkansas

Since 1979, there have been 276 deaths from asbestos related diseases, and more than half of that number of people died from mesothelioma. The death toll is spread over 60 counties in Arkansas, with Pulaski County topping the list with 25 mesothelioma deaths and 19 deaths from asbestosis. Arkansas County, Bradley County and Chicot County, all reported only one death since 1979 - all of them from mesothelioma.

Since 1979, there have been 762 lawsuits filed in the state of Arkansas by people for asbestos illness related cases.

Legal Resources for Arkansas Residents

The statute of limitations in Arkansas for filing a lawsuit against the companies that are responsible for your asbestos exposure is three years. In the past, most mesothelioma cases are pro-victim, however once the statute of limitations is reached, there is little compensation. The three year limit begins when you've discovered the disease/been diagnosed with mesothelioma or asbestosis. Class action lawsuits do not often go forward in Arkansas so it's best for asbestos exposure victims to file an individual lawsuit.

To date, there is no specific statute regarding asbestos related cases, but the three year statute of limitations has so far been upheld throughout the state. In the case Chambers versus International Paper Company, the court upheld a ruling by the Workers Compensation Commission that the claim was filed more than three years after his retirement for permanent disability due to other causes was barred because of the three-year statute of limitations. All claims for asbestos related diseases in Arkansas must go through the Workers Compensation Commission, which will make the determination if the claim will be covered.

Class action lawsuits are very difficult to pursue in Arkansas, and previous decisions may hinder any response you get from the court system. Baker versus Wyeth-Ayerst Laboratories Division was denied by the Arkansas Supreme Court - a class action lawsuit. While this case was not an asbestos case, but rather a diet pill case, the court determined that each of the people involved in the class action lawsuit was different, thereby preventing a class action lawsuit. The differences as ruled by the Supreme Court included that each person had a different experience, medical history, medical condition, doctors, the drugs themselves, the number of drugs taken by each person (there were three different ones), the amount of time the pills were taken and the varying degree of damages. This class action case has been referenced by the Supreme Court on other occasions as well as giving a basis for all class action lawsuits.

Essentially, if you are looking to file a lawsuit for an asbestos related illness, it's best to work hand in hand with the Workers Compensation Commission and file your own civil lawsuit instead of a class action lawsuit.

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