Louisiana Mesothelioma Lawyer and Legal Information

Louisiana is currently still reeling under the cleanup and effect of Hurricane Katrina in 2005, and it's very likely that exposure to asbestos due to the widespread destruction of homes and buildings in Katrina will play a major part in future asbestos-related illnesses and attendant litigation. Many experts have warned that the federal government has not been completely truthful about the dangers of toxic exposures, including exposure to asbestos, caused by the mass destruction of older buildings and homes. In addition, as homes and neighborhoods are rebuilt, residents are moving back into homes while demolition continues around them. Residents and volunteers who spent time working in Louisiana during the cleanup period following Katrina may be at risk for developing serious asbestos related diseases like mesothelioma, asbestosis and lung cancer.

Determination of Liability

Louisiana courts follow a pure comparative negligence system for determining liability in personal injury and product liability cases. Under a pure comparative liability system, a plaintiff may still recover damages even if they are up to 99% at fault in their own injuries. If the plaintiff is judged to bear a portion of the fault for an injury, any damages determined will be reduced proportionate to the percentage of fault. In other words, if a plaintiff is determined to be 90% at fault for his or her own injuries in an asbestos lawsuit and the jury determines that damages in the case amount to $100,000, the plaintiff can still recover $10,000 in damages.

The Louisiana courts follow a modified joint and several liability approach in apportioning awards in cases that involve more than one defendant. In most cases, several liability applies. Under several liability, the jury or judge determines the percentage of fault carried by each defendant, and the defendant's responsibility for any damages is proportionate to their share of the fault. Under several liability, the defendants with the greatest responsibility for the damage pays the greatest share of the compensation. However, when two or more defendants are found to have conspired to commit an intentional act, joint liability applies. In that case, each of the defendants is jointly liable for the entire award.

Louisiana Asbestos Litigation

2007 - Graves v. Riverwood Intern: The Louisiana Appellate Court upheld a jury verdict in favor of a West Monroe paper mill worker. In the same case, the court held referenced other Louisiana cases that give plaintiffs who were substantially exposed to asbestos before 1975 the right to sue the companies that employed them because asbestos-related diseases were not compensable under Louisiana workers compensation laws until 1975. Under that law, Olin Corp, a perennial defendant in asbestos related cases, was not allowed to escape liability for their negligence in exposing the plaintiff to asbestos.

2005 - Watts v. Hebert Brothers Engineers: A Louisiana jury awarded $3.625 million to the family of a man who worked for the engineering company from 1963 to 1994, and died of asbestos-related lung cancer in 2001.

2003 - Rando v. Jacob Constructors et al: A East Baton Rouge jury awarded as $3.2 million verdict to a 61 year old pipefitter who developed mesothelioma after years of working with materials containing asbestos. Among the other defendants of the suit were Shell Oil, Teneco and Murray Oil.

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