What type of legal strategies can be used in an asbestos-related lawsuit?
In California, asbestos litigation lawyers can use a variety of legal strategies when taking on an asbestos-related lawsuit. The most common strategies involve proving that the responsible party either knowingly exposed the plaintiff to asbestos or failed to provide an adequate warning about the harm asbestos can cause. In some cases, lawyers may try to prove that the responsible party was aware of the dangers of asbestos exposure and hid this information from the plaintiff and other workers, possibly resulting in their exposure. This is known as a “fraudulent concealment”. In other cases, lawyers may prove that the defendant failed to adequately warn workers of potential asbestos exposure and the dangers that may result from it. In this situation, the lawyer must provide evidence that the defendant ignored relevant safety regulations and standard industry practices when it came to asbestos exposure. Additionally, lawyers may seek to prove that the defendant acted negligently, which could include failure to monitor the workplace for asbestos or ignoring warnings about the presence of asbestos. This is known as a “failure to warn” claim. Finally, lawyers may try to prove that the defendant was responsible for the harm caused by asbestos because they chose to use the material despite being aware of the associated risks. This is known as an “inherent danger” claim. These legal strategies can help a plaintiff obtain a fair resolution to their asbestos-related lawsuit. A qualified asbestos litigation lawyer in California can provide advice on the best strategies to pursue in a particular case.
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