If you have been diagnosed with asbestosis, you may have certain questions in mind regarding the responsibilities of the employer, developer, or landlord in charge of the building where you contracted this disease. On this page, you will find general guidance relating to asbestos claims and the eligibility criteria for making a claim.
Bringing an asbestos claim against a negligent third party
Asbestosis is a lung disease involving scarring and carcinoma caused by inhaling asbestos dust over long periods. Asbestos claims arise in circumstances where an individual has been exposed to asbestos dust, generally in the course of their employment. Exposure to it can also lead to other debilitating illnesses such as mesothelioma.
Since asbestos has long since been recognised as extremely harmful it is now thankfully increasingly rare but can remain in older buildings and industrial plants and become exposed during building, renovation or demolition works. In recent years, members of the armed forces were exposed to asbestos on some of the Irish naval fleets.
Asbestos claims are one of those classic cases where the date of knowledge is likely to apply. In many cases, the actual exposure, during which the injury could have arisen may have been decades ago, but the actual manifestation of asbestosis is the first time when someone realizes they’ve suffered a significant injury, and that it may be the result of a breach of duty by somebody else.
Identifying who it is that the appropriate parties are, can be quite difficult as a result of the amount of time that elapses in the meantime.
There have been a number of cases where people who have been exposed to asbestos haven’t ultimately developed the symptoms and have then tried to claim for psychological injuries as a result of the fear that they were going to become ill but didn’t. However, such cases have to date been unsuccessful.
In the event of a diagnosis of asbestosis, it would be important to go and make inquiries very quickly to find out if the sources of exposure can be identified and whether or not there may a cause of action against whoever may be responsible.
Asbestos is becoming less and less prevalent but you will still have situations such as the demolition of old industrial buildings, etc, where people are not aware that there was asbestos present, and it’s only in the course of removing it that they realize that there’s been an exposure. Where asbestos is detected it is necessary to engage experts who can come in and remove it safely.
You may find the Health and Safety Executive’s web page on asbestos useful for further background reading.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including workplace and road traffic accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.
Get in contact with our personal injury solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on email@example.com and we will get back to you as soon as we can.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.