Asbestos In Your Area

Asbestos in the State of New Mexico

Asbestos Exposure in New Mexico

There are several natural asbestos deposits in New Mexico, as well as several oil refineries and two power plants. Asbestos exposure is possible or has been noted at all of these locations.

At-Risk Occupations and Locations in New Mexico

Oil refineries and power plants are two jobsites where asbestos exposure is a significant risk in comparison to most other jobsites. Asbestos is known to have been used at the Four Corners Power Plant and the San Juan Powerhouse. A Puerto Rico study carried out on power plant workers indicated that 13% of those included in the study had abnormal chest x-rays, and data from the Center of Health Statistics indicates that 3% of power plant workers who die from occupational causes die from mesothelioma.

In addition, the state's largest provider of electricity and gas, the Public Service Company of New Mexico, was named as a defendant in twenty lawsuits in 2003. Prior to this, the company had also been sued in relation to secondary asbestos exposure, in which family members of workers had developed asbestos-related diseases.

Asbestos-containing materials were widely used in oil refineries as well as power plants, due to the high fire resistance and flame retardant qualities of materials containing the substance. Structural materials, fittings, and even protective clothing used in these sites have contained asbestos.

There are six natural asbestos deposits (four of chrysotile and two of amphibole) in New Mexico. Two chrysotile sites are located in the southwest of the state near Lordsburg and Deming, and one amphibole site is located further south in a desert region where very few people live. Another chrysotile deposit is located around fifteen miles north of the state line near Las Cruces. The second amphibole site is in a sparsely-populated region near Ruidoso, and the remaining chrysotile site is located around thirty miles northwest of the area.

If you or someone you know works in these locations, know that regular check-ups for signs of asbestos-related disease is important both for personal health and for legal reasons. Regular check-ups may also be a good idea if you live in a region near an asbestos deposit, or have ever lived near a deposit.

Asbestos-related diseases - particularly mesothelioma - have long latency periods, and even if your jobsite has been cleaned up and asbestos has been removed (or if you have moved away from a location near an asbestos deposit), exposure may have occurred previously. Getting regular check-ups is important, as is ensuring that your doctor knows that asbestos exposure is or has been a risk factor.

Legal Resources for New Mexico Residents

Two recent lawsuits involving personal product liability and asbestos include two 2006 lawsuits in which Burlington Northern was the defendant. There have been several other noteworthy asbestos cases in New Mexico.

One such case is Martinez Vs. Maggiore. In this case, it transpired that the Secretary of the New Mexico Environment Department had granted the Northeastern New Mexico Regional Landfill a permit to operate a solid waste facility near Wagon Mound. Following this, the Landfill company began to apply for permit modifications allowing the company to process "special" wastes, one of which was asbestos.

Northeastern New Mexico Regional Landfill ran several advertisements in local newspapers to advise residents about these changes, and about their intention to process special wastes. However, they neglected to include information about the known dangers of asbestos in their advertisements. In addition, the courts found that Northeastern New Mexico Regional Landfill failed to adequately explain what types of special wastes they intended to process. The advertisement that was displayed listed several substances, not did not contain any reference to asbestos. The courts deemed that asbestos waste would be of special concern to the public, and additionally that the public hearing about the permit changes that the Northeastern New Mexico Regional Landfill had held was inadequate.

In New Mexico, the statute of limitations for personal injury is three years. According to the rule of discovery, the three year limitations period begins following the diagnosis of an asbestos-related disease. Wrongful death cases fall under the same statute of limitations, but these begin with the date of death (and include the standard discovery rule). This is the situation even when the case involves asbestos and asbestos-related diseases such as mesothelioma.

Because you have just three years from the time of diagnosis in which to begin legal action, it's important to contact a lawyer quickly following diagnosis, if you wish to pursue a lawsuit. Three years may seem like a long time, but sometimes mesothelioma and asbestos lawsuits can drag on for months or even years, and it is often prudent to start the legal process as soon as possible. If you wish to begin legal action, contact a lawyer as soon as possible to ensure you preserve your right to justice.

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