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Understanding Liability for Asbestos Exposure

Legally Reviewed by Joseph P. Williams on February 11, 2024

Although it was once celebrated as a miracle material, we now know that asbestos exposure can cause significant health risks such as mesothelioma, a deadly and aggressive form of cancer. Those who have been exposed to asbestos deserve to pursue compensation for their medical treatment and lost wages, as well as the emotional suffering they have endured. However, determining liability in these cases can be complex. Depending on the circumstances surrounding your case, liability may be determined through negligence, strict liability, or breach of warranty. 

If you have been exposed to asbestos and developed mesothelioma, you deserve to have a tireless legal advocate in your corner. At The Williams Law Firm, P.C., we are dedicated to helping you recover the compensation you deserve. Our renowned founding partner, Joe Williams, is passionate about helping his clients and has never lost a case. When you choose our firm, you can trust us to fight relentlessly for your rights and interests. 

Proving Liability for Asbestos Exposure

Asbestos exposure can be challenging to prove, especially since many symptoms of mesothelioma and other asbestos-related diseases may take decades to present themselves. The complex nature of these cases makes it essential to retain the services of a seasoned legal professional as soon as possible. Depending on the laws and circumstances surrounding your case, your attorney will work to prove liability using one of the following systems:


Most personal injury cases, including ones involving asbestos, require the plaintiff to prove negligence. To pursue a successful case, your attorney must prove the following essential elements:

  • The defendant owed you a legal duty of care
  • The defendant violated the duty of care by behaving negligently
  • The defendant’s negligence directly caused you to be exposed to asbestos
  • Your exposure to asbestos caused you to suffer physical, emotional, and financial losses

Out of these four elements, causation is the most challenging to prove. However, when you partner with our skilled team, we will meticulously investigate your case to collect evidence of causation.

Strict Liability

Due to mesothelioma’s long latency period, it may be impossible to prove negligence in some cases. Fortunately, in these situations, you may be able to rely on the concept of strict liability. Under strict liability, your attorney does not need to prove that the defendant acted carelessly or recklessly to recover compensation – the fact that the material was inherently dangerous is typically enough to establish that the defendant violated the duty of care.

However, it is essential to note that strict liability is only applicable if the defendant is a commercial supplier that manufactures or retails the asbestos product.

Breach of Warranty

When a company manufactures and sells a product, two types of warranties are created: implied and express warranties. Implied warranties certify that the product is safe and will perform as expected. If this warranty is breached, the company may be held liable for damages.

Express warranties are made in writing and are, therefore, more concrete. If the company made a claim about their product to encourage sales that ended up being false, the warranty may be breached. An attorney can help you evaluate these warranties and determine if you have a case for compensation.

Contact a Skilled Mesothelioma Attorney at The Williams Law Firm, P.C.

At The Williams Law Firm, P.C., your fight for justice is our top priority. Our firm is led by the experienced and compassionate Joe Williams, who has over 30 years of experience helping victims secure justice. We understand the intricacies of asbestos exposure cases and offer tailored legal solutions to meet each client’s unique challenges. Our goal is not just to represent you but to stand with you, ensuring your story is heard and your rights are fiercely protected.

To schedule a free consultation, call us at (855) 575-6376 or complete our contact form today.

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