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Is Asbestos Making A Comeback?

On June 1st, the Environmental Protection Agency made an announcement, tentatively going forward with approving new uses of asbestos in the USA. The new ruling, which is quite broad, and unfocused, allows for the introduction and integration of many new asbestos products into general usage, as long as the EPA itself approves the new usage. The EPA, however, is not relying on established protocols or guidance for the dangers of asbestos that have already been documented. Instead, they will be using new guidelines that are much more general, unspecific, and, in fact, will allow for far greater exposure of asbestos to the public since they don’t rely on existing medical or scientific data to evaluate these new uses.

So what does this mean for people in homes and buildings in Florida?

State Law Still Matters



Even with the EPA now seemingly moving forward to bring more new asbestos products back into mainstream use, this does not change two critical factors; the medically documented danger of asbestos, or the premises liability that may be associated with it.

Florida personal injury law still firmly upholds the rights of the public when it comes to environmental harm. If a visitor or employee comes to harm as a result of a factor in the environment that is known to cause harm, but ignored, that is premises liability. And in any case of premises liability, the managers and/or owners of said property are legally and financially responsible for any consequences and compensation that may arise from said harm.

In the case of asbestos, as with smoking cigarettes, it has been well documented for decades that asbestos is capable of causing lung cancer. In this case, the cancer is specifically called mesothelioma, and comes about as a result of people breathing in asbestos particles that then go on to infect the lining in the lungs. While there are other causes of mesothelioma, in the United States, the most common cause for this type of lung cancer is often tied to exposure to asbestos.

The Law Will Decide



Unfortunately, asbestos has a tendency to break down over a sufficiently long period of time, which can lead to releasing particles in the air. Once those particles are breathed in, that’s when the risk of mesothelioma begins.

So with the EPA giving its blessing to potentially bringing in new sources of asbestos to the public, this does mean people may be put at risk. However, just because the EPA is allowing for new uses of asbestos, that does not reduce the danger of the substance, nor does it negate the responsibility of property owners if some aspect of
their environment causes this kind of harm to the people in the building.

So remember, the EPA deciding to expose more people to asbestos does not negate your rights. A personal injury lawyer can still be a valuable ally in a premises liability case where the negligence of the property owner has exposed you to asbestos and caused you to contract mesothelioma.