Related Topics ► Other TopicsCalifornia Mesothelioma Lawyer and Legal Information
California, with its many shipyards and Navy installations, has seen its share of asbestos and mesothelioma lawsuits. The California legal system has been historically friendly to victims of asbestos exposure, often awarding both actual and punitive damages to plaintiffs. Awards in California asbestos cases often top the $1 million mark, and some asbestos awards have been among the highest ever awarded. As would be expected in a state that is traditionally pro-victim in asbestos lawsuits, California law makes specific accommodations for those suffering from mesothelioma and other asbestos-related diseases.
Statute of Limitations
A statute of limitations establishes the maximum amount of time following a particular incident that legal action can be taken based upon that incident. Due to the long latency period associated with asbestos-related disease, the statue of limitations often begins once an individual has been diagnosed, not immediately after initial exposure to asbestos. Many states enforce a one- to two-year statute of limitations, but it is best to speak with a mesothelioma attorney on this matter, as the statute of limitations varies by state.
To learn more about the statute of limitations in your state, please fill out the form on this page to receive a comprehensive information packet.
Environmental and Occupational Safety Regulations
California aggressively enforces OSHA and EPA asbestos regulations. The Division of Occupational Safety and Health oversees many programs aimed at preventing exposure to asbestos in the workplace. Cal/OSHA administers enforcement of asbestos in construction, shipyards, and general industry. State law that applies to asbestos in the environment and the built environment can be found in:
- Cal/OSHA worker safety standards
- California disclosure laws for asbestos in buildings
- California certification and registration laws for asbestos contractors and consultants
- Local air district regulations
If you are exposed to asbestos in a public building, residential or commercial, you may have legal recourse under one of these statutes.
Determination of Liability
The California courts follow a pure comparative liability system in assigning liability. Under a pure comparative liability system, a plaintiff may recover damages even if they are partially responsible for their own illness or injury. The jury or judge will assign a portion of the liability to each responsible party in the action, including the plaintiff, if warranted. If the plaintiff is judged to have some responsibility, his or her award will be reduced by the amount of liability he or she is judged to have.
The courts in California also follow a modified joint and several liability system in apportioning damages awarded in a lawsuit. In wrongful death and personal injury lawsuits, each defendant is apportioned a percentage of the damages proportionate to their percentage of fault, but only where it applies to non-financial damages. Non-financial damages are generally subjective damages such as loss, pain and suffering, or loss of reputation. Financial damages are apportioned according to joint and several liability, which may place more of the burden of paying the damages on those companies most able to pay.
Asbestos-Related Litigation
Recent mesothelioma and asbestos-related lawsuits in California have awarded some of the largest awards in the country to those suffering from mesothelioma and their families. California juries are prone to award punitive damages on top of actual damages, and intangible damages like pain, suffering, and loss of consort. Those cases over the past ten years include:
1996, Wiggins, et al. v. Owens-Corning Fiberglass, et al: San Francisco. Award of $3.8 million to the wife and children of a Navy veteran who died of pleural mesothelioma after being exposed to asbestos while serving in the Navy from 1957 to 1960.
1998, Armstrong v. Asbestos Defendants: A jury awarded the plaintiff $96,500 in medical expenses, $857,546 in lost wages, and tacked on an additional $3.5 million for pain and suffering.
1998, Wilson v. John Crane Co.: $4.5 million in damages to a plaintiff who developed pleural mesothelioma as a result of exposure to asbestos while working as a machinist
2000, Jeanette Franklin v. USX Corporation: $6.5 million awarded to the plaintiff for damages relating to asbestos cancer due to asbestos exposure in her household during her childhood
2002, Todak v. Foster Wheeler L.L.C: In one of the largest asbestos awards in history, a Jury awarded $33.7 million to a Navy electrician and his wife who developed mesothelioma as a result of occupational exposure to asbestos.
2005, Suprenant v. 20th Century Fox: Settlement in excess of $2.5 million for the family of a woman who developed mesothelioma after being exposed to asbestos while doing laundry for her husband, who worked as a plasterer for 20th Century Fox.
2005, Joseph Garza and Mary Garza v. Asbestos Corporation Limited: A Navy veteran suffering from asbestosis was awarded $1.1 million and his wife was awarded $400,000 for loss of his companionship. The jury added $10 million in punitive damages after deciding that the defendant acted with malice or oppression.
State Index
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