May 20, 2011 – Mesothelioma lawyers of a former sheet metal worker from West Virginia filed a lawsuit against premises owners who failed to provide safe working conditions resulting in the worker’s continuous asbestos exposure and mesothelioma cancer caused by it.
Mesothelioma lawyers of a former sheet metal worker from West Virginia filed a lawsuit against premises owners who failed to provide safe working conditions resulting in the worker’s continuous asbestos exposure and mesothelioma cancer caused by it.
CHARLESTON, West Virginia, May 20, 2011 – Mesothelioma lawyers from the nationally acclaimed law firm of Levy Konigsberg LLP have filed a mesothelioma lawsuit on behalf of a West Virginia man who was exposed to asbestos during his time as a sheet metal worker between the 1960s and the 1980s causing him to develop pleural mesothelioma two decades later.
During his long career as a sheet metal worker, he worked with various asbestos-containing components, including gaskets, duct lining, pumps, joint compound, welding rods, blankets, gloves, and grinding wheels. He was also exposed to asbestos dust released by other tradesmen working in close proximity to him throughout the course of his long career. In addition to bringing a lawsuit against the manufacturers of these asbestos-containing products, the firm has filed a lawsuit against the premises owners of the sites at which he was exposed to asbestos.
This type of lawsuit, known as a “premises liability action”, seeks to hold the owners, lessees, and mangers of buildings in which asbestos exposure occurred responsible for failing to warn others of the presence of asbestos and asbestos-containing products. This liability exists because the facility owner controlled both the worker and the safety conditions of the workplace, and failed to warn the worker that he or she was being exposed to harmful asbestos-containing products. This failure by the premises owner to warn those working at unsafe sites creates what is known as an “unreasonably dangerous condition”, for which the premises owner is responsible.
In general, state workers’ compensation statutes typically prohibit an employee of a premises owner from filing a lawsuit against that employer. However, if an employee of an outside contractor is injured due to a premises owner’s failure to provide a safe workplace, the premises owner may be held liable for the employee’s injuries. Because the plaintiff was employed by an outside contractor, he is permitted to bring suit against the premises owners who supervised his work and who failed to warn him of the asbestos-containing products in their workplace.
In this case, asbestos exposure was caused by regular contact with deteriorating asbestos-containing materials. The frequent deterioration and subsequent maintenance of these products, many of which required constant replacement, caused asbestos fibers to become airborne. These airborne fibers were unknowingly inhaled or ingested by the plaintiff, resulting in illness which did not manifest itself until decades later.
The plaintiff’s mesothelioma attorney Patrick J. Timmins of Levy Konigsberg LLP commented shortly after the commencement of the case, “The purpose of this lawsuit is to hold those companies which failed to warn our client of his daily exposure to the deadly asbestos fibers responsible and to stop them from hiding behind workers’ compensation statutes. Our client very much looks forward to his day in court.”
For over a quarter of a century, mesothelioma lawyers at Levy Konigsberg LLP have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Konigsberg LLP at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.