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Expert Witness Explains Home Asbestos Exposure Liability

     By HG.org

Cases of asbestos exposure may be complicated due to how long the material has been in the building, who put it there, why it was there and how the exposure occurred. This means that the responsible party for the claim may not exist any longer, or there could be more than one person or company accountable for the physical injury or damage to the home.
If a contracting company remodels a house and they come in contact with this hazard, this could also cause difficulties to a claim. Instead of the homeowner being exposed, the individual contractor or subcontractor is harmed in the process. Whichever scenario occurs, an expert witness is needed for explaining how the danger affects a personís health, why asbestos was in the building and similar concerns.

An expert with a medical background may be required for asbestos exposure claims so that the judge or jury understands how even low doses of this material could cause severe health conditions. The person that inhales or has skin contact with asbestos may experience coughs, congestion issues, breathing problems, cancer, internal bleeding and with some persons, death is possible. It is important to wear protective gear when handling or even being around asbestos, and if the individual is not prepared, he or she should not be within the vicinity of the fibers. The body has severe difficulty in expelling asbestos fibers form the lungs, and this is what usually leads to respiratory complications.

Health Concerns from Exposure

An expert witness for asbestos exposure may have a medical background so he or she may explain the health consequences of this hazardous material to the individual exposed. With skin contact, the individual may experience a redness, sore areas, burning and similar concerns. No amount of exposure is safe from this material, and the expert may be needed to explain this to a jury. It is possible with too much time with the fibers attached to the skin that the person may develop skin cancer later. Inhalation of the fibers could lead to them being lodged and creating lung cancer lesions. Without proper handling of asbestos, even minimal exposure may lead to severe health conditions.

Experts in the medical field may explain to the judge or jury that asbestos must be handled with safety gear to include a mask so that the fibers are not inhaled while removing the substance. No part of the skin should be exposed when asbestos is being handled. Then, the person must ensure the fibers are not consumed or inhaled while he or she removes the protective clothing. Usually this is accomplished by contractors, but homeowners also remove and replace this type of insulation commonly. When others are remodeling or altering a home, it is important that the company involved is aware of the dangers of asbestos in the house. If the homeowner has knowledge of the substance and does not inform the business, he or she could be liable for damages.

The Expert Witness and Liability in Asbestos Exposure

It may be necessary to hire an expert witness so that the responsible part may be revealed and liability of the issue is understood by the judge or jury. If the homeowner had clear knowledge that asbestos existed within the house, he or she may be responsible for injuries incurred to contracted individuals. If the culprit for the material is a company that purchased inferior or hazardous resources, it could be the party accountable for damages to the harmed persons. It may require a reconstruction of the issue and tying the evidence to the correct company or individual so that liability is clear and any awarded compensation comes from the responsible organization. This may take time, and there usually must be a connection shown between the incident, injuries and the factionís involvement.

For injuries to be compensated through court proceedings, the lawyer and expert witness may be tasked with proving that there was a duty of care owed to the harmed person, a breach of this duty transpired and it was this breach that led to the damage. If any of these three components is missing, it is possible that the plaintiff may not succeed in his or her case. If the homeowner is responsible for the incident, even with insurance he or she may be taken to court for litigation. With the assistance of an expert witness, it may be possible to prove the liable party and ensure a positive outcome to the case with compensation awarded to the injured.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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