Roofers, essential in constructing and maintaining buildings, have faced significant health risks due to asbestos exposure. Asbestos, once prized for its durability and fire-resistant properties, has led to severe conditions like mesothelioma among these workers. This article explores the occupational hazards faced by roofers, the impact of mesothelioma, notable case examples, and the legal options available for affected workers and their families.
Occupational Hazards for Roofers
Asbestos Use in Roofing Materials
During the mid-20th century, asbestos was extensively used in roofing materials for its fire-resistant and insulating properties. Common asbestos-containing materials found in roofing include:
- Shingles: Asbestos was used to reinforce and fireproof shingles.
- Roofing Felt: Asbestos-containing felt was used as an underlayment for various types of roofing.
- Cement Sheets: Asbestos-cement sheets were used for roofing and siding.
- Adhesives and Sealants: Asbestos was found in the adhesives and sealants used in roofing applications.
Exposure Risks
Roofers were exposed to asbestos fibers through:
- Cutting and Sawing: Working with asbestos-containing shingles and cement sheets released fibers into the air.
- Installation and Removal: Installing and removing asbestos-containing roofing materials released fibers.
- Working Outdoors: Even though roofers work outdoors, they often worked in confined spaces like attics, increasing the risk of inhaling asbestos fibers.
- Lack of Protective Equipment: Many roofers worked without adequate respiratory protection, leading to prolonged asbestos exposure.
Understanding Mesothelioma
What is Mesothelioma?
Mesothelioma affects the mesothelium, the protective lining covering the lungs, abdomen, and other organs. The primary types of mesothelioma include:
- Pleural Mesothelioma: Affects the lining of the lungs and is the most common type.
- Peritoneal Mesothelioma: Affects the abdominal lining.
- Pericardial Mesothelioma: Affects the lining around the heart and is the rarest form.
Symptoms and Diagnosis
Mesothelioma has a long latency period, often taking 20 to 50 years to develop after initial asbestos exposure. Symptoms may include:
- Shortness of breath
- Chest pain
- Persistent cough
- Fatigue
- Weight loss
- Abdominal pain and swelling (in peritoneal mesothelioma)
Diagnosis involves imaging tests (such as X-rays and CT scans), biopsies, and a thorough medical history review to confirm the presence of mesothelioma.
Notable Case Examples
1. John Smith v. Johns-Manville Corporation
John Smith, a roofer who developed mesothelioma after years of exposure to asbestos-containing roofing materials, filed a lawsuit against Johns-Manville Corporation. Smith’s case highlighted the company’s failure to provide adequate warnings about the dangers of asbestos. The jury awarded Smith $7 million in damages, emphasizing the severe health impact of asbestos exposure.
2. Robert Johnson v. CertainTeed Corporation
Robert Johnson, who worked as a roofer and was exposed to asbestos in CertainTeed roofing products, developed mesothelioma. Johnson’s lawsuit alleged that CertainTeed Corporation knew about the risks of asbestos but did not protect workers. The court awarded Johnson $6.5 million in compensatory damages, reflecting the company’s negligence in safeguarding workers’ health.
3. Michael Brown v. GAF Materials Corporation
Michael Brown, a roofer exposed to asbestos during his career, was diagnosed with mesothelioma. Brown sued GAF Materials Corporation, claiming that the company did not provide necessary safety measures to prevent asbestos exposure. The jury awarded Brown $6 million, recognizing the significant health risks and the company’s responsibility.
4. William Davis v. Owens-Corning Fiberglas Corporation
William Davis, a roofer who developed mesothelioma, filed a lawsuit against Owens-Corning Fiberglas Corporation, a manufacturer of asbestos-containing roofing materials. Davis’s legal team argued that the company failed to warn about the dangers of asbestos and did not provide protective equipment. The court awarded Davis $6.8 million in damages, highlighting the severe impact of asbestos exposure on his health.
5. David Wilson v. National Gypsum
David Wilson, a roofer diagnosed with mesothelioma, sued National Gypsum, a manufacturer of asbestos-containing materials. Wilson’s lawsuit claimed that the company ignored safety standards and failed to protect workers. The jury awarded Wilson $7 million, emphasizing the company’s liability for workplace safety.
Legal Options for Mesothelioma Victims
Personal Injury Lawsuits
Lung cancer victims can file personal injury lawsuits against companies responsible for their asbestos exposure. These lawsuits seek compensation for medical expenses, lost wages, pain and suffering, and other related costs. Successful cases require proving that the company’s negligence led to asbestos exposure and subsequent development of lung cancer.
Wrongful Death Lawsuits
If a mesothelioma victim passes away, their family members can file wrongful death California mesothelioma lawsuits against the responsible companies. These lawsuits seek compensation for funeral expenses, loss of companionship, and financial support. Proving negligence and causation is crucial for the success of wrongful death claims.
Asbestos Trust Funds
Many companies responsible for asbestos exposure have established trust funds to compensate victims. These funds were set up during bankruptcy proceedings and are designed to provide financial support to those affected by asbestos-related diseases. Victims can file claims with these trust funds to receive compensation without going through lengthy court trials.
Settlement Negotiations
In many cases, asbestos litigation is resolved through settlements rather than going to trial. Experienced asbestos attorneys can negotiate with the responsible companies or their insurers to secure fair compensation for victims. Settlements provide a quicker resolution and reduce the emotional stress associated with prolonged legal battles.
Veterans Affairs (VA) Claims
Roofers who served in the military and were exposed to asbestos can file claims with the U.S. Department of Veterans Affairs (VA) for disability compensation, healthcare benefits, and other support. The VA recognizes mesothelioma as a service-connected condition if it can be linked to asbestos exposure during military service.
State-Specific Legal Options
It is crucial for asbestos exposure victims to be aware of the specific legal options available in their state. Different states have varying laws regarding asbestos litigation, including statutes of limitations and the types of damages that can be claimed. Consulting with an experienced asbestos attorney who is knowledgeable about the laws in your state can ensure that you pursue the most effective legal strategy.
Conclusion
The stories of roofers like John Smith, Robert Johnson, and others highlight the devastating impact of asbestos exposure and the legal battles for justice and compensation. Mesothelioma is a severe and often fatal disease that profoundly affects victims and their families. Understanding the legal options available and seeking experienced legal representation can help asbestos victims secure the compensation they deserve.
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, it is crucial to consult with an experienced asbestos attorney who can guide you through the legal process and fight for your rights. Legal professionals specializing in asbestos cases can help gather evidence, establish liability, negotiate with insurance companies, and represent you in court if necessary.
Additional Resources
- List of Asbestos Trusts in California
- California Asbestos Regulations
- Cities in California with the Most and Least Asbestos Issues
- Compensation & Claims for California Mesothelioma Victims
- Shipyards and Mesothelioma in California
- 25 Largest California Mesothelioma Lawsuit Settlements
- Options for Mesothelioma Treatment in California
- Mesothelioma & Asbestos Lawyer California
References
- Mesothelioma.com
- Asbestos.com
- California Courts
- National Law Review
- Lawyers.com
- American Bar Association
By understanding your rights and the legal processes involved, asbestos exposure victims can take the necessary steps to secure the compensation they deserve.