What is the criteria used to determine liability in an asbestos-related case?

In North Carolina, the criteria used to determine liability in an asbestos-related case falls into two main categories. The first criteria involves establishing whether the party charged in the litigation caused the exposure. This can be done by proving that the defendant: manufactured, distributed, or sold a product that contained asbestos, installed asbestos-containing products, performed work involving asbestos-containing materials, or failed to warn of the potential hazards of asbestos. The second criteria involves determining the plaintiff’s injury. The plaintiff must show that he/she has been exposed to asbestos-containing products as a result of the defendant’s negligence and has been diagnosed with an asbestos-related illness, such as mesothelioma. To support this, medical records, pictures, and other documents must be presented to the court to prove the connection between exposure and illness. In addition to these criteria, the court may also consider the duration and amount of asbestos-containing material to which the plaintiff was exposed. This includes the type of asbestos material, the manner of use, and the amount of time the material was used. The judge in the asbestos-litigation case will take all of this information into consideration to determine liability.

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What is the criteria used to determine liability in an asbestos-related case?

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