Primary asbestos exposure occurs when someone makes direct contact with an asbestos-related environment. Interacting with asbestos-containing materials in such a way as to cause exposure, or entering an environment with high levels of disturbed asbestos fibers are two common ways that primary asbestos exposure can occur. Primary asbestos exposure is different from secondary exposure where the primary exposure victim spreads asbestos fibers to other members of the home or other areas. Secondary exposure lawsuits are typically brought by family members of the primary asbestos exposure victim as a result of their illness of mesothelioma or lung cancer. Primary asbestos exposure lawsuits typically occur to mesothelioma victims who were directly exposed to asbestos as a result of asbestos exposure at their employment and occupation.
Primary Asbestos Exposure Lawsuit
A primary exposure case will often be less complex to argue since there is usually a stronger relationship between the exposure victim and the individual or organization that caused them to be exposed. For example, an employer could potentially be held responsible for assigning a worker to a job where asbestos contamination is likely without providing the proper disclosure, training and equipment for the job.
Employers and product manufacturers often have a strong duty of care or could be held liable for any actions that cause their employees undue harm. This relationship makes the path to a favorable asbestos exposure lawsuit outcome clearer and allows for the facts of the case to be built upon a strong foundation.
How Does Primary Asbestos Exposure Happen?
Primary asbestos exposure usually happens in one of two ways:
- Someone handles asbestos-containing materials
- Asbestos-containing materials have contaminated an environment that someone enters
What Is the Statute of Limitations in a Primary Asbestos Exposure Lawsuit?
The time period where someone is allowed to file a lawsuit — known as the statute of limitations — will vary based on the jurisdiction in which the suit is filed.
Most states allow for a two-year statute of limitations for personal injury suits. Since the period between exposure and the development of a health condition like mesothelioma can be many decades, most courts allow for the statute of limitations period to begin after the injury is known.
In other words, most states allow people to file lawsuits for primary asbestos exposure within two years of a diagnosis like mesothelioma.
Can Primary Asbestos Exposure Lead to Secondary Exposure?
Yes, secondary asbestos exposure can occur after the primary exposure spreads asbestos fibers brought home from work to innocent family members who can be exposed to asbestos fibers from the clothing or skin of the primary asbestos exposure victim.
If you have been diagnosed with cancer related to asbestos exposure, contact Mesowatch immediately to start your case. Our nationwide team of experienced asbestos lawyers offers immediate assistance and a free, confidential case evaluations. We will quickly help you pursue maximum compensation from all liable parties and trust funds.