iDespite what you may have heard, your company probably continues to face asbestos litigation risk, and it may even be on the increase. Consider the following:
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Long Latency Period for Mesothelioma: Mesothelioma, a terminal cancer that can be caused by asbestos exposure, has a latency period that typically ranges from 20 to 40 years. That means most cases filed today allege exposures dating back to the 1970s through the1990s. Is it possible that your company or an alleged predecessor used asbestos in its products, premises or work in the distant past?
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Increasing Mesothelioma Rates: During the 10-year period from 2001 to 2010, more than 26,000 people died of mesothelioma in the United States and the yearly totals increased almost 10 percent from 2,509 in 2001 to 2,745 in 2010. Every mesothelioma diagnosis can lead to a lawsuit.
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Ongoing Asbestos Use: Asbestos is still used legally in the United States. Almost 360 tons of asbestos was used in the U.S. in 2015, down dramatically from its peak of 803,000 tons in 1973. Asbestos use in other parts of the world actually increased as U.S. consumption declined.
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Rising Take-Home and Foreign Exposure Cases: In recent years, more cases have alleged that take-home exposures caused mesothelioma in the spouse or now-grown child of someone who encountered asbestos in the workplace. There also has been an increase in claims from plaintiffs who now live in the U.S., but maintain they were exposed during childhood or work in foreign countries.
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Ongoing Search for Target Defendants: Dozens of asbestos defendants have gone into bankruptcy. Plaintiff lawyers are always looking for new defendants to sue, and they are willing to assert new or untested legal and factual theories.
These are just some of the reasons to expect asbestos litigation to remain an ongoing risk for businesses. We will follow up with suggestions for companies now confronting that risk, perhaps for the first time.
Part 2 - Asbestos Litigation Isn’t Going Away, So What Can You Do About It? (Part 2)
