Legal Battle in Indiana Involving Asbestos
Due to the frequent use of asbestos in older construction, a number of people are coming forward to file a lawsuit after developing lung disease, including mesothelioma. This is exactly what’s happening in Indiana with a man who worked as an electrician for 40 years. The now 78 year old has been embattled in a lawsuit for the past two years against various manufacturers of asbestos-containing products.
The man was diagnosed with mesothelioma two years ago. Mesothelioma is common in individuals who have been exposed to asbestos fibers. In the electrician business, a number of products contained asbestos because it could withstand extreme temperatures and is fire resistant.
In the early months of 2015, the case made it to the Indiana Supreme Court. The litigation revolves around the statute of repose in the Product Liability Act. This cuts off claims and limits them to 10 years after the consumer or user comes in contact with the product.
The issue with this statute is that symptoms of mesothelioma may not arise until many years after the initial exposure occurred, sometimes as many as 25 years. This means the man’s initial legal action was denied because his contact occurred more than 10 years prior to the beginning of the lawsuit. The Supreme Court, however, decided to strike down the statute of repose.
If this is to be the constant and the statute of repose can be bypassed, it could mean great news for patients with mesothelioma. Asbestos exposure is dangerous and the result can be devastating.
At Bailey Peavy Bailey Cowan Heckaman, our mesothelioma lawyers understand the various statutes that states have with regards to filing a mesothelioma or other asbestos-related lawsuit. Call our firm today if you have questions or need someone to represent you in a case against a manufacturer or someone else who put your health in danger.