Plaintiffs of asbestos lawsuits in California can recover punitive damages if they can prove that the defendant, either the manufacturer of the asbestos containing product or the employer, was guilty of oppression, fraud, or malice. Harm to the plaintiff can be as a result of direct malice or intentional trickery or deceit.
For almost a hundred years, asbestos was added to thousands of commercial, construction and industrial products. Asbestos was affordable, available, and well known for its fire and heat resistant properties. Initially, it was not known that asbestos also caused serious illnesses, such as asbestosis, mesothelioma and lung cancer. But as early as the 1930’s, medical researchers were linking exposure to asbestos with disease in workers. This knowledge was shared in the medical and scientific worlds, as well as with manufacturers of products and employers using asbestos containing products.
Clear evidence shows that major manufacturers and employers knew of the dangers of asbestos and yet failed to warn or protect workers. That is why asbestos and mesothelioma lawsuits often include punitive damages on the basis that defendants knew or should have known and taken measures to prevent harmful exposure.
A perfect recent example of awarding punitive damages was the recent judgment of $7.2 million for a plumber, Larry Stewart, and his wife. Stewart was a plumber who developed a fatal asbestos cancer known as mesothelioma as a result of occupational exposure to asbestos (Stewart v. Union Carbide Corporation, B216193). In this case, it was concluded that the manufacturer of the asbestos containing product knew of the dangers and yet failed to warn, prevent or protect employees from exposure to the carcinogenic mineral.
Punitive damages, unlike general damages or compensation for loss, are meant to deter others from causing physical harm that was foreseeable and therefore could have been prevented. Had asbestos manufacturers and employers acted on the knowledge they had and been responsible, millions of people worldwide would not be at risk of fatal cancers and diseases now.
This entry was posted on Wednesday, December 15th, 2010 at 2:48 pm and is filed under asbestos attorneys. You can follow any responses to this entry through the RSS 2.0 feed.
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