Asbestos Lawyers - Asbestosis & Mesothelioma Claim Statute Of Limitations

Mesothelioma may take up to 30 years to appear after exposure to asbestos in the workplace. Because of this rather long delay, asbestos lawyers are frequently confronted with claim defenses based on statutes of limitations. In practice, most state statutes require suit to be filed within 1 to 5 years of a negligent act which causes harm to another, including use of asbestos in the workplace.

For plaintiffs to defeat a limitation defense, most asbestos lawyers rely on a variation of the "discovery rule." Statutes and common law jurisdictions may provide that the beginning of the limitation period is delayed until a victim knows, or should know, that a negligent act of another resulted in bodily harm. Also, jurors tend to agree that ordinary laborers are not required to be medical experts regarding causation of rare forms of cancer, and are not provided with access to the expertise of architects, designers, manufactures, and builders who construct the workplace.

Asbestos Lawyers - Standard Of Care

Premises owners have an affirmative duty to provide a safe environment for employees, invites, and the general public. Should an owner know, or should know, that a unreasonably dangerous conditions exists, the owner must take action to eliminate unreasonable dangers. The key element of this standard of care is reasonableness, which is based upon the unique facts and circumstances of each claim.