Asbestos In Your Area

Asbestos Exposure in South Dakota

South Dakota is a predominantly rural area, and as such there are few major industrial asbestos sites. There are, however, some naturally-occurring deposits of the substance.

Three of the asbestos deposits are located around the Custer State Park area. Two of these are amphibole asbestos, while a third is serpentine. There is an additional amphibole asbestos deposit near Jewell Cave National Monument, as well as more serpentine deposits to the north of this location.

At-Risk Occupations and Locations in South Dakota

With its deep rural and agricultural roots, most of South Dakota's asbestos exposure has occurred in relation to sites such as machine shops, mechanical repair facilities, power generation facilities, and older buildings - including commercial, public, and residential buildings - that were constructed using asbestos-contain materials.

One particular asbestos hazard in South Dakota lies in power plants. There are several of these in the state, including three hydroelectric plants. While the latter are cleaner-burning, asbestos exposure may be a hazard, as the substance was a popular choice in any location where heat protection was required. Turbines and generators often included amphibole asbestos, as it is an efficient electrical insulator. Older machinery may present a health hazard as the asbestos contained within becomes friable and more likely to release fibers into the air. Utility workers in these facilities are particularly vulnerable, since they are more likely to come in closer contact with potential sources of asbestos exposure.

In the construction industry workers may be at risk even today, when asbestos is no longer added to construction materials. Those who worked in the construction trade in the 1980s and earlier are likely to have worked with asbestos-containing materials, but construction workers today may also be exposed when working on repairs and remodeling activities in older buildings.

Asbestos-related Deaths in South Dakota

As one of the lowest population-density states in the country, South Dakota also has a low rate of asbestos-related deaths. Between 1979 and 1999 just 63 people died from asbestos-related diseases. Seven of these people died from asbestosis, while the remaining 56 died from mesothelioma.

Asbestosis is in fact the more common disease, but because mesothelioma is more immediately fatal - with the majority of people with the cancer dying within two years after diagnosis - there are correspondingly fewer deaths attributable to asbestosis, which has a more favorable prognosis for the patient.

Legal Resources for South Dakota Residents

South Dakota may be ranked very low in terms of the number of asbestos-related lawsuits, and the state's mortality rate for asbestos-related diseases, but unfortunately that doesn't mean there's no need to worry about asbestos if you live here.

Since 1979, at least 63 people have died from asbestos-related diseases, and 39 people have pursued asbestos-related legal action in South Dakota. That's plenty of cause for concern.

Just as in most other states, one of the most common issues with asbestos in the twenty-first century are safety issues that arise during demolition and renovation projects in public, commercial, and even residential buildings. According to reports from the South Dakota Department of Environment and Natural Resources, there have been many complaints of improper asbestos removal, indicating that some local officials throughout the state may not be aware of health and safety requirements concerning older buildings.

South Dakota's asbestos emission standards have been adopted from the Federal National Emissions Standards for Hazardous Air Pollutants (NESHAP). These requirements mean that a qualified asbestos inspector must check a location that is scheduled for demolition or renovation before those activities are carried out.

As well as this, when a building owner or operator is taking contract bids for such work, they are required by law to include details about whether asbestos is present anywhere on the premises, including information about the type, location, and quantity of asbestos that is present.

During the project any asbestos that is found must be removed if any of the work involved in the project would disturb or break up the asbestos.

A potentially important case that was heard by the South Dakota Supreme Court in 1998 concerned the owner of a small business claimed he had suffered "negligent infliction" of emotional distress when a bank foreclosed on business loans. The Supreme Court denied the small business owner, saying that the man did not have physical symptoms of distress.

When explaining its reasoning behind the decision, the South Dakota Supreme Court referred to a decision made by the US Supreme Court, in which it had denied a similar claim made by a plaintiff who had been exposed to asbestos, on the grounds that the plaintiff had no physical symptoms present and therefore could not claim emotional distress.

This is relevant to people who may wish to file an asbestos-related claim in South Dakota because if they have been exposed to asbestos but have not yet developed and asbestos related disease, they may find it difficult to obtain a favorable decision if they try to claim for emotional distress.

If you are interested in filing an asbestos-related lawsuit in South Dakota, it's important to know that the statute of limitations for personal injury cases is three years. The applicable discovery rule states that this three year period begins when an asbestos-related disease is discovered (diagnosed) or should have been discovered. Wrongful death cases follow the same rules.

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