Resistant to both heat and fire, asbestos is an insulator used for many years in a variety of products. In addition to industrial products, it was also used in residential, commercial and consumer products such as toasters, tires, oven mitts and flooring. When inhaled, the fibers have been known to cause several diseases including mesothelioma, emphysema, lung cancer and asbestosis. These conditions can be serious and sometimes result in death.
The family of a now deceased Pennsylvania railroad worker who was injured after he was allegedly exposed to asbestos while on the job will not be allowed to continue with a lawsuit against Viad Corp. and Railroad Friction Products Corp. This is based on a recent Supreme Court Ruling.
According to the opinion written by Justice Clarence Thomas, this is due to the Locomotive Inspection Act. This federal rail-safety law preempts such lawsuits.
The man in the case at hand reportedly worked with insulation and locomotive brake shoes. It was in that position that he was exposed to the asbestos. The concern the attorneys for the man's family articulated in their argument was that if the family was barred from continuing with the lawsuit against the two companies, it would not be able to sue equipment manufacturers.
In some cases people who contract these conditions after exposure to asbestos may be able obtain financial compensation for their injuries. Successful cases may recoup funds to cover medical treatment as well as pain and suffering. These cases can be very complex. Accordingly, it is important to seek assistance from an experienced personal injury attorney.
Source: The Wall Street Journal, "US High Court Blocks Asbestos Injury Lawsuit In Locomotive Case," Brent Kendall, Feb. 29, 2012