Ohio Injury or Death Due to Asbestos Exposure: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury or Death Due to Asbestos Exposure in Older Buildings During Renovations or Demolition throughout the State of Ohio.
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Ohio Asbestos Exposure Lawyers: Liability for Illness from Renovation & Demolition
Many older commercial and public buildings in Ohio contain hidden dangers, chief among them being Asbestos-Containing Materials (ACM). When property owners, general contractors, or abatement companies fail to follow strict state and federal safety regulations during renovations or demolition of these older buildings, they risk releasing toxic asbestos fibers into the air. This severe negligence causes Asbestos Exposure injuries, often resulting in mesothelioma, asbestosis, lung cancer, and other debilitating illnesses years later.
If you or a loved one were exposed to asbestos on a commercial premises in Ohio due to careless renovation or demolition practices and later developed an asbestos-related illness, you need a skilled advocate. Our experienced Personal Injury Attorney team handles complex Premises Liability and asbestos litigation, fighting to hold property owners and contractors accountable under the Ohio Revised Code and EPA regulations.
Statutory Duty of Care for Asbestos Abatement in Ohio (OAC 3745-20)
The duty to protect workers and the public from Asbestos Exposure is strictly defined in Ohio law, primarily through the Ohio Administrative Code (OAC) 3745-20 (Asbestos Emission Control), which aligns with EPA NESHAP regulations. Commercial property owners and operators involved in renovation or demolition have several non-delegable duties:
Mandatory Inspection and Notification
The law requires the owner or operator to:
- Conduct a Survey: Have a thorough inspection performed by an Ohio-licensed Asbestos Hazard Evaluation Specialist (AHES) to determine the presence and location of Regulated Asbestos-Containing Material (RACM) before any demolition or renovation work begins.
- Provide Notice: Submit a written "Notification of Demolition and Renovation" form to the Ohio EPA at least ten working days prior to the start of the project if specific thresholds of RACM are to be disturbed.
Strict Work Practice Violations
Liability often arises when property owners or contractors violate mandated safety protocols, including:
- Failure to Remove: Failing to remove all RACM from a facility being demolished or renovated before disturbing the materials (OAC 3745-20-04).
- Failure to Wet: Failing to adequately wet the RACM during removal to prevent the release of asbestos fibers into the air.
- Uncertified Work: Hiring unlicensed or uncertified contractors or workers for asbestos abatement projects, violating Ohio Revised Code Chapter 3710.
Premises Owner Liability (R.C. § 2307.941)
Ohio law specifically addresses the liability of premises owners for asbestos claims. While the statute creates a presumption of non-liability in certain historical situations, it does not bar claims where the plaintiff can prove the owner had actual knowledge of the potential dangers superior to that of the worker or contractor, or if the plaintiff was exposed while performing non-abatement work on the property.
Proving Causation: Linking Exposure to Illness
Asbestos litigation is complex because the resulting illnesses have a long latency period (often 10 to 50 years). We work with industrial hygienists, medical experts, and historians to prove a direct link between the negligent Asbestos Exposure during the renovation or demolition and the victim's subsequent disease:
- Exposure History: Establishing the exact dates, locations, and circumstances of the exposure event during the renovation or demolition project.
- Regulatory Violations: Proving the owner or contractor failed to perform the required asbestos survey or violated specific Ohio EPA work practices (e.g., failure to wet, failure to notify).
- Medical Evidence: Submitting medical proof, per Ohio law, that the victim has a diagnosed asbestos-related illness (such as mesothelioma or lung cancer) and that the symptoms cause physical impairment (R.C. § 2307.94).
Damages and Ohio's Discovery Rule Statute of Limitations
Victims of Asbestos Exposure injuries face immense medical costs and suffering. We fight for maximum financial recovery, including:
- Medical Bills, Chemotherapy, Radiation, and Cost of Future Care
- Compensation for Pain and Suffering, Loss of Consortium, and Loss of Quality of Life
- Lost Wages, Loss of Future Earning Capacity, and Permanent Disability
- Wrongful Death Damages for surviving family members
The Statute of Limitations for an asbestos-related Personal Injury lawsuit in Ohio is **two years** (R.C. § 2305.10(B)(5)). However, this period begins on the date the plaintiff is informed by competent medical authority that they have an injury related to the exposure (the Discovery Rule), not the date of exposure itself. Due to the complexity and strict time limits, immediate legal consultation is essential.
Contact Our Ohio Personal Injury Attorneys Today
If you or a family member developed an asbestos-related illness after Asbestos Exposure during renovation or demolition of an older building, contact us immediately for a confidential case review.