Jumat, 31 Mei 2019
With its bustling seaports, oil refinery business and catastrophic devastation of Hurricane Katrina, Louisiana residents were at an increased likelihood of a mesothelioma diagnosis due asbestos exposure. Additionally, while the state did not directly mine for asbestos like many others, the mineral was used in mines to prevent fires, such as in salt mines.
Louisiana is home to many oil refineries that extracted massive amounts of oil from the Gulf of Mexico. Oil refineries often used asbestos due to its ability to resist heat. It was used as an insulator in the pipelines, tanks, pumps, furnaces and reactors of these refineries.
Another common source of asbestos exposure in Louisiana was in shipyards. Some workers were required to unload asbestos and inspect bags for contraband. Asbestos was often used in various components on ships due to its heat and chemical resistant properties.
The state realized a new asbestos exposure in the aftermath of Hurricane Katrina. The hurricane and accompanying flooding caused asbestos to become dislodged from older buildings and homes, allowing those in the area to potentially be exposed to asbestos fibers. Additionally, first responders like police, firefighters and rescue personnel.
Cleanup crews and volunteers may have also been exposed. Asbestos fibers can become airborne when materials that contain them are crushed or torn. These fibers could have become airborne and imposed a danger on these crews as well as anyone who did not evacuate the area.
The United States Environmental Protection Agency warned that there may have been more than 100 pollutants in flood waters, drinking water and the air after the 2005 hurricane. If you or a loved one was diagnosed with mesothelioma, contact our lawyers today to learn more about filing a lawsuit or trust claim. We handle cases nationwide.
Louisiana Mesothelioma Diagnoses
Reports show Louisiana is ranked 18th in the nation for mesothelioma and asbestosis diagnoses. There were at least 701 Louisiana residents who were diagnosed with mesothelioma, with more than 408 who were diagnosed with asbestosis and more than 2,804 who were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. Mesothelioma incidence is highest in the central and northern counties of the state and in the following:
- New Orleans, Baton Rouge, Shreveport, Lafayette, Metairie, Lake Charles, Kenner, Bossier City, Monroe, Alexandria, New Iberia, Houma, Slidell, Opelousas, Ruston, Sulphur
- Natchitoches, Hammond, Gretna, Thibodaux, Crowley, Pineville, Baker, Bogalusa, West Monroe, Minden, Bastrop, Morgan City, Abbeville, Eunice, Zachary, Jennings
- Westwego, Mandeville, Harahan, DeRidder, Tallulah, Denham Springs, Rayne, Covington, Franklin, Gonzales, Ville Platte, Oakdale, Scott, Donaldsonville, Breaux Bridge
- Plaquemine, St. Martinville, Leesville, Carencro, Jeanerette, Broussard, Winnfield, Mansfield, Marksville
Louisiana Asbestos Laws
Louisiana has a series of laws that impact when a claim must be filed and what the plaintiff must prove. It also has a variety of regulations regarding the removal of asbestos.
Statute of Limitation
Louisiana has a very strict one-year time limit to file a claim for an asbestos-related condition. This means that a person must file a claim within one year of being diagnosed with mesothelioma or related medical condition. If the victim dies from mesothelioma, the surviving family has one year from the date of death to file this claim.
Court Exposure Standard
In order to recover compensation for asbestos exposure, Louisiana plaintiffs must meet the exposure standard. Louisiana courts use the Lohrmann test to determine if a plaintiff has met this burden. This requires showing that the exposure was a substantial factor in the plaintiff developing mesothelioma or a related medical condition.
The plaintiff must show that exposure to a certain product was frequent and regular enough that it was a substantial factor in causing the victim’s injury. If the plaintiff sues multiple defendants, he or she must meet this burden for each one.
Louisiana State Asbestos Regulatory Agencies and Regulations
At the state level, the Louisiana Department of Environmental Quality is tasked with establishing regulations regarding asbestos and enforcing them. Chapter 33 of the Louisiana Administrative Code discusses many standards related to environmental quality, including information about asbestos.
The state has special rules in place regarding the abatement of asbestos in Louisiana schools, as well as rules regarding asbestos training and accreditation. There are special standards for demolition and renovation that must be followed. A state-approved contractor must be used to remove asbestos from a home, commercial building or public building.
Louisiana Asbestos Trusts
After asbestos-producing companies were sued by hundreds or thousands of plaintiffs, many of them went out of business and declared bankruptcy. As part of their bankruptcy case, some of these companies established asbestos trusts with millions or billions of dollars set aside specifically to pay on claims. If one of these trusts is available, a claimant can make a claim with the trust itself rather than having to go through the entire process of a trial.
There are no known asbestos trusts that were set up in Louisiana by companies headquartered in the state or with the trust being administered in the state. However, many of the companies that established these trusts were national companies, so a Louisiana claimant may have a right to file a claim with one of them. A Louisiana mesothelioma lawyer can investigate if any of these trusts are available.