Mesothelioma is a rare form of cancer that is caused by asbestos exposure. Plaintiffs seeking accountability and compensation for their mesothelioma diagnosis must show the court proof that a defendant is legally responsible – plaintiffs must prove liability. Most mesothelioma cases involve asbestos exposure in the 1960s, 70s or 80s, and the amount of time from asbestos exposure to preparing a case for trial adds another layer of complexity to these claims.
How do our mesothelioma lawyers prove that a defendant knew or should have known about their product’s health and safety risks to others?
Experts testify or explain to a jury what was generally known and identifiable in the medical, scientific, and corporate communities relative to asbestos over the years. Plaintiffs also need to prove that the specific defendant at trial knew or should have known its product was dangerous. The rules of civil procedure govern the judicial process for these claims and require corporate defendants to designate an individual who can speak on their behalf on noticed topics. This corporate representative deposition in mesothelioma cases normally covers topics related to liability and when and how the defendant learned about the hazards of asbestos and its products.
A Recent Example
Beasley Allen mesothelioma lawyers collected documents during discovery in a recent case dating back to the early 1900s involving a particular defendant. These documents revealed the company’s knowledge about the dangers of dust in general and specifically asbestos dust in industrial settings.
Armed with this information, our lawyers walked the corporate representative through the facts beginning with the earliest information in the early 1900s and ending with the most recent points in the 1980s. This systematic walk through the defendant company’s history established precisely what it knew and when regarding the dangers of its products containing asbestos. Building a case around this type of evidence is extremely time-consuming and requires significant planning, yet it was highly beneficial to our client. The defendant could not explain away or dismiss the evidence that clearly showed the defendant’s liability. We use this approach for all our clients seeking justice for their mesothelioma diagnosis.
If you or a loved one has been diagnosed with mesothelioma and want to pursue legal action, Charlie Stern leads the firm’s Asbestos Litigation Team and can help you navigate a complex mesothelioma lawsuit. Contact us today for a free, no-obligation case evaluation.