Mesothelioma Lawsuits: As far as I know, I was never exposed to asbestos on the job, but we did have a lot of asbestos removed from our home by a contractor during remodeling several years ago. Now I have been diagnosed with mesothelioma. Can I sue someone?

Probably. Asbestos has been widely used for decades as an insulator or fire retardant in many buildings and homes. It can be found in materials such as pipes, ducts, cement, shingles, adhesives, spackling, electric and wire panel, tile, and many fireproofing products. Even insignificant exposure to asbestos in the home can result in mesothelioma, which is usually diagnosed between 10 and 40 years after the exposure.

If your contractor improperly removed asbestos thereby exposing you and your family to the dangers of asbestos fibers, you may have a case against the contractor based in negligence. You might also have a claim against the seller or manufacturer(s) of the asbestos products that led to your exposure. The claim of liability for mesothelioma cases can be grounded in different legal theories, including negligence, strict products liability, and breach of warranty.

Liability based on a negligence theory requires proof of four elements:

1. the defendant had a legal duty to provide a safe product (or in the case of a contractor, the duty to remove and handle the product in a safe manner);
2. the defendant breached that duty;
3. the breach caused an injury; and,
4. the injury resulted in damages to you.

In cases where an asbestos seller or manufacturer’s negligent conduct may be difficult to prove, courts have developed the theory of strict products liability. Like negligence, the strict product liability theory requires the plaintiff to prove four elements:

1. a strict duty to supply a safe product;
2. a breach of that duty;
3. causation; and,
4. damages.

Under a strict liability theory, the fact that the product was dangerous or defective is enough to establish a breach of duty.

Warranties are implied under the law to cover most categories of products. Some examples of “implied” warranties include the "warranty of merchantability" and the "warranty of fitness for a particular purpose." These warranties essentially provide that a product will be safe for its intended purpose.

“Express” warranties may be breached if the seller or manufacturer of a product expressly extended a warranty in writing or verbally, yet the product warranted to be safe still injured you. In mesothelioma cases, a seller or supplier of an asbestos product may be liable for a breach of express warranty if a false claim was made about the product that ultimately caused someone to buy or use the product.

There is a time limit for you to file a lawsuit that normally begins at the time you are diagnosed with mesothelioma. It is important to seek the advice of an experienced attorney right away to make sure you can bring the right claim or claims against the right parties, and within the time limit.