Since retailers typically did not create the asbestos-containing products they sell, retailers’ liability for asbestos exposure only applies under certain circumstances depending on local state laws.
Certain states like Delaware enforce liability against retailers that knowingly sold asbestos-containing products after 1987. Other states like North Carolina have abolished all strict liability cases for non-manufacturing retailers.
Hardware and Construction Materials
Manufacturers of construction materials are generally held liable for the asbestos products they created, not retailers. Exceptions exist for companies that may have distributed their own products or retailers that marketed rebranded products under their own name.
General Retailers Asbestos Product Liability
General products retailers cannot usually face liability for asbestos exposure unless they knowingly sold unsafe products. Some cases in the past, such as in California, have allowed plaintiffs to seek indemnity against both manufacturers and retailers. However, more recent decisions in 2012 took an opposing stance to earlier rulings.
Therefore, it is difficult to prove retailers of products liable for asbestos related injuries..
Home Improvement Stores
Home improvement stores generally avoid selling products containing asbestos. In instances of past sales, they would only be held liable if they had ignored product recalls or specific product bans.
Asbestos Containing Products
Manufacturers generally face liability for their products, not retailers. Examples of known asbestos-containing products include:
- Roofing, roofing shingles, siding shingles, roofing paper
- Batts wall, floor and ceiling insulation
- Preformed cement products
- Pipe insulation
- Joint compounds
- Artificial ashes and embers in fireplaces
- Machine insulation for appliances like deep fryers, toaster ovens and more
- Asbestos rigid structural boards, like gypsum
If you or a loved one have been diagnosed with mesothelioma or lung cancer due to asbestos exposure, contact us today. You will gain immediate assistance and receive a free, confidential case evaluation. You will be connected with the best asbestos lawyers and pursue maximum compensation all liable parties and trust funds.