Product liability suits argue that someone was using a product as instructed or intended and they were injured anyway. The injury occurred because the product was poorly designed, poorly made, or there was an inherent danger about the product that the manufacturer had a duty to warn the public about.
Asbestos products are inherently dangerous. Exposure to asbestos can lead to mesothelioma; lung, throat and stomach cancer; asbestosis and scarring of the lungs and throat.
The companies that made and sold products containing asbestos knew or should have known that their product was dangerous, had a duty to warn users and didn’t. Therefore, these companies (and the trust funds) have to pay for the harm that everyone suffered due to asbestos exposure. That’s essentially the argument of every mesothelioma case since the 1930s until now.
Mesothelioma Personal Injury Lawsuits
Most asbestos and mesothelioma lawsuits are framed as personal injury suits. While you may have heard of class action lawsuits involving asbestos, those were almost always individual cases handled at once in what’s called a multidistrict litigation (MDL).
An MDL combines several cases that are against the same defendant in the name of efficiency, but each claim is still handled individually.
Recently, however, most mesothelioma cases have been handled through settlements with asbestos trust funds. Many can be settled in just a few weeks or months — the mesothelioma law firms have been specializing for decades now, and there’s virtually no defense that can be raised when someone has been diagnosed with mesothelioma.
Mesothelioma Wrongful Death Lawsuits
Another fact about mesothelioma aside from it being caused by asbestos is that there is no known cure. While it can take decades for symptoms to arise, the disease can sometimes prove fatal in mere months.
Just because someone has died from mesothelioma doesn’t mean that their right to compensation from those who exposed them has disappeared, though. The family or estate can file a wrongful death claim and try to recover something for the loss of their loved one.
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