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Building Owner Settles, Possibly To Avoid Asbestos Litigation

Sometimes, accusations against one South Carolina party or another wind up being sorted out in court. In the construction world, that often includes asbestos litigation surrounding issues regarding illegal removal of the substance, violation of safety protocol or failure to inform workers or others that asbestos is present in an existing structure. A situation in another state has been settled before going to trial.

A building owner was the central figure of an investigation that alleged his company failed to perform required environmental protection surveys regarding asbestos removal before a renovation project. Reconstruction was set to take place on the second floor of the building. Surveys were to take place between 2013 and 2015.

The case against the building owner stated that there was asbestos in floor boards that were part of the proposed renovation plan, as well as in a section of wall, and that the appropriate inspection surveys the building owner must provide before a project begins were never completed. In 2016, the entire building was destroyed in a fire. Just before that happened, however, the asbestos removal situation was brought to the attention of the district attorney’s office for investigation.

Local fire officials determined that the fire was not an act of arson. The building owner agreed to pay a $75,000 settlement without admitting liability. A permanent injunction was set to prevent similar incidents from occurring in the future. There may be South Carolina workers, residents or building owners facing asbestos litigation problems at this time; if so, an experienced attorney would be a great asset to have on board when heading to court.

Source: montereycountyweekly.com, “Owner of Dick Bruhn Building in Salinas agrees to pay $75K for illegal asbestos removal.“, Nic Coury, Aug. 11, 2017

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Asbestos exposure: What if the company is no longer in business?

Mesothelioma is a type of cancer that is caused by exposure to asbestos.

Upon learning of a mesothelioma diagnosis, most individuals and families begin the process of determining where the asbestos exposure occurred, usually with help from an attorney. Since mesothelioma is usually diagnosed decades after exposure to asbestos, this can sometimes be a challenge.

In many cases, asbestos exposure occurred in the workplace, some 40 or 50 years ago. Family members may have also been exposed when the worker transmitted asbestos fibers home unintentionally. What happens if one of those businesses is no longer operating? Can the victim still take legal action?

In many cases, the answer is yes. Many victims of mesothelioma can still pursue legal remedies even if a business has closed or filed bankruptcy. Some bankrupt manufacturers of asbestos products have established trust funds to compensate asbestos victims.

However, the process of obtaining compensation can be difficult. It is advisable to work with an experienced attorney to help you determine where your exposure occurred and how to proceed legally. Often, workers were exposed to a variety of asbestos products, so it is important to have a lawyer who will work to obtain compensation from all of the responsible parties.

Don’t let the unknown stop you from seeking the help you need after being diagnosed with mesothelioma – or after a loved one has been diagnosed. You may be eligible for compensation to cover medical expenses and other costs. You may also be able to pursue legal remedies if you have lost a loved one due to mesothelioma. Each state has statutes of limitation that dictate how much time you have to file a lawsuit, so we urge you to act without delay.

Free consultation: After a mesothelioma diagnosis, learn about your legal options by talking to one of our attorneys at 843-410-3956. We can travel to meet with you at your convenience.

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