Key Strategies for Defending Against Asbestos Exposure Claims – Guest Post

Asbestos litigation remains one of the longest-running mass torts in U.S legal history, with no signs of slowing down. Missouri has seen a notable increase in asbestos-related claims in recent years, placing businesses at significant risk. Developing a robust defense strategy is crucial for companies facing these potentially devastating claims and their legal representatives. 

Understanding the Legal Basis of Asbestos Claims

Common Types of Asbestos Lawsuits

Companies typically face three categories of asbestos litigation: personal injury claims from conditions like mesothelioma and asbestosis, wrongful death suits filed by surviving family members, and class actions or mass tort claims involving multiple plaintiffs. 

Key Elements Plaintiffs Must Prove

For a successful claim, plaintiffs must establish actual exposure to asbestos, demonstrate that their illness directly resulted from this exposure, and identify the defendant as the responsible source. These requirements create multiple opportunities for defense strategies.

Early Case Assessment and Risk Evaluation

Gathering Internal Records and Historical Data

A thorough review of employment documentation, workplace safety protocols, and prior claims forms the foundation of an effective defense. Collecting vendor and supplier information can also help establish potential third-party liability.

Identifying Exposure Timeline and Site

Challenging the plaintif’s alleged exposure period and questioning the supposed source of asbestos are critical defense tactics that can be used. Precise timeline analysis can reveal significant inconsistencies in claims.

Challenging Causation and Medical Evidence

Independent Medical Examinations (IME)

Securing expert medical testimony through independent examinations can counter plaintiff claims about diagnosis and disease progression. Scrutinizing the methodology behind differential diagnosis often reveals weaknesses.

Addressing Multiple Exposure Sources

Many plaintiffs have encountered asbestos from multiple sources throughout their lifetime. Highlightings these alternative exposures can significantly diminish alleged liability for a single defendant.

Asserting Legal Defenses

Statute of Limitations

Missouri-specific timeframes for filing claims provide grounds for dismissal in many cases. Prompt identification of time-barred claims can eliminate litigation before significant costs accumulate.

Lack of Product Identification

Plaintiffs frequently struggle to definitively link specific asbestos-containing products to defendants. Challenging the identification chain and evidence integrity often succeeds in court.

State Law Defense and Precedent

Missouri jurisprudence provides numerous precedents favorable to defendants, particularly regarding comparative fault principles that can reduce or eliminate liability.

Using Settlement Negotiations Strategically

When Settlement Makes Sense

A comprehensive cost-benefit analysis comparing trial expenses versus asbestos settlement terms should guide decision-making, with careful consideration of confidentiality provisions and reputational impacts.

Role of Asbestos Trust Funds

Redirecting claims to established asbestos bankruptcy trusts can significantly reduce company exposure while ensuring plaintiffs access compensation from appropriate sources.

The Importance of Experiences Legal Counsel

Benefits of Working With Defense Attorneys Familiar With Toxic Tort Law

Attorneys with specific asbestos litigation experience bring tactical advantages and relationships with credible expert witnesses crucial for effective defense. These attorneys can help litigants understand current OSHA, EPA and local environmental safety requirements that help prevent future claims while strengthening defenses in existing litigation.

Strategic Preparation Is Essential

Defending against asbestos exposure claims demands meticulous preparation, expert guidance, and strategic planning. Companies facing such litigation should consult with defense attorneys specializing in toxic tort litigation to protect their interest.