Asbestos in the State of Colorado
Asbestos Exposure in Colorado
There are many places throughout Colorado in which people have been exposed to asbestos. The areas in which asbestos exposure have occurred include Aspen, Boulder, Colorado Springs, Denver, Fort Collins, Grand Junction and Vail. There is naturally occurring asbestos throughout Colorado as well, including some amphibole asbestos along the Rocky Mountain front. There are also two areas that have amphibole asbestos in the San Juan Mountains (in the south west corner of Colorado) one of which is near the town of Cortez.
Amphibole asbestos is frailable, and is one of the most dangerous kinds of asbestos there is. Asbestos fibers are very thin and very strong, and once inhaled by a person, can become lodged in the lining of the heart, lungs or abdomen, and cause diseases such as mesothelioma - a deadly form of cancer that is only caused by exposure to asbestos.
At-risk Occupations and Locations in Colorado
There are many companies and occupations in Colorado which have exposed people to asbestos. Some of the companies include Conoco and Ultramar-diamond, as well as power plants throughout Colorado. However, the list of companies and occupations is quite extensive, basically any industry that used heat or corrosive chemicals, asbestos was used. It's important to remember that many of the small employers in Colorado that exposed workers to asbestos were as unknowledgeable of the dangers of the products than everyone else was. Most lawsuits that are aimed at the employers are usually redirected to the companies that manufactured, processed and supplied the asbestos.
Asbestos is also found in the ground throughout Colorado as naturally occurring deposit areas and as pollutants. Asbestos has been left behind by other industrial operations and military bases, both of which are long since abandoned. This may pose some dangers to residential areas that have begun to sprout near these areas. For example, contractors near Lowry released a large amount of asbestos fibers in the air when they were excavating for housing developments near a former air force base.
Former mining towns in Colorado are also at risk for asbestos exposure. An old mine, such as the Black Cloud Mine in Leadville, has been closed for more than 40 years, yet continues to pose a threat of asbestos exposure. Another example of communities being impacted by asbestos is the town of Deer Trail, which is still being affected because a flood in the early 60s that struck the Schindler Building, which is laden with asbestos, can not be demolished today because of the asbestos within the building and the cost of the asbestos abatement. The situation that Deer Trail is in has similar stories throughout Colorado in other small communities. The cost to do the asbestos abatement far exceeds the value of the property and is more than the towns can bear. Some of the other towns that are affected by abatement cost issues include Eaton, Eads and Fowler.
Asbestos-related Deaths in Colorado
There have been at least 400 deaths from asbestos related diseases in Colorado since 1979. The highest number of deaths is in Denver County, with 65 total deaths - 23 from asbestosis and 42 from mesothelioma. Jefferson County is near the same number with 61 total deaths, 24 from asbestosis and 36 from mesothelioma. El Paso County is equally as hard hit with 54 total asbestos related deaths, 11 from asbestosis and 43 from mesothelioma. The least hit counties in Colorado, with only one asbestos related death reported in each are, Elbert, Phillips, Bent, Clear Creek, Conejos, Gilpin, Prowers and Washington counties.
Since 1979, there have been 645 people who have filed lawsuits for asbestos related illnesses in Colorado.
Legal Resources for Colorado Residents
It's no surprise that the majority of asbestos related lawsuits that have come about in Colorado are related to the mining industry. Generally, the verdicts in mesothelioma lawsuits throughout Colorado are in favor of the victim. The Colorado courts have also ruled that the mining companies are responsible for their actions, and that they must pay the damages/compensation to their workers affected with asbestos related diseases, even if they've filed for bankruptcy. Perhaps the most significant factor in all the mesothelioma and asbestos related cases in Colorado is that they confirm that businesses will be help responsible for controlling asbestos, even if the company doesn't manufacture the whole product or if the company only took control of asbestos related assets from another company.
For many of the asbestos related cases that are mining related, Asarco has been one of the primary defendants. Asarco has had claims of over $2.6 billion in damages for asbestos poisoning, as well as $13.5 billion from other creditors. Asarco declared bankruptcy in 2005, mostly because of the issues with the Black Cloud mine. Since then, Asarco has argued with the courts that it should not be held responsible for cleaning up the mine areas in Colorado. The courts disagree - and have not absolved Asarco from the requirements to clean up the leaks from Black Cloud mine.
Other than the mining cases, the asbestos cases in Colorado have been, to this point, pro-victim. In Gibson versus Armstrong World Industries, Inc., the District Court in Colorado ruled that it was liable to victims of asbestos, even though it had purchased the assets of, and continued to manufacture, Keasbey & Mattison Company's asbestos products.
The statute of limitations in Colorado for personal injury claims, including those that deal with asbestos related diseases is two years. The time begins when diagnosis of mesothelioma or asbestosis is made.
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