Ohio has been a significant state in the landscape of asbestos litigation, marked by both a high volume of cases and proactive legislative reforms. In fact, by the year 2000, Ohio was among a small group of states that collectively accounted for over two-thirds of all new asbestos-related lawsuit filings nationwide. This concentration of litigation prompted Ohio lawmakers to take action and address asbestos tort reform.
Today, Ohio is recognized as a state that has successfully implemented measures to manage and limit the number of asbestos claims. Further demonstrating its commitment to reform, Ohio passed legislation in 2013 aimed at increasing transparency for plaintiffs involved in both lawsuits and asbestos trust fund claims. Notably, Ohio was the first state in the U.S. to enact this type of transparency law.
Here are some key aspects to understand about filing an asbestos claim in Ohio:
- Litigation Reforms: Ohio initiated litigation reforms in 2004. These reforms were designed to set clearer boundaries regarding who can file asbestos claims and which entities can be held liable for asbestos-related injuries.
- Interaction with Trust Funds: While asbestos trust fund claims operate outside the state court system, Ohio laws have specific implications for plaintiffs who are eligible to file both an asbestos lawsuit and a trust fund claim. Understanding these interactions is crucial.
- Limitations on Secondary Exposure Claims: Ohio law includes statutes that completely prevent secondary asbestos exposure claims against property owners. This provision means that a property owner cannot be held responsible for asbestos exposure that occurred away from their property, even if the source of the exposure originated on their premises.
Given the complexities of asbestos litigation in Ohio, it becomes critically important to partner with experienced Ohio Mesothelioma Lawyers. The state’s 2004 reforms, for instance, incorporated the “corporate veil doctrine” into its statutory law. This legal concept, often referred to as “piercing the corporate veil,” can be relevant when pursuing compensation from bankrupt corporations.
In certain situations, if a plaintiff is suing a company that has declared bankruptcy, this doctrine allows for the possibility of seeking compensation from the company’s shareholders. It provides a legal pathway for mesothelioma victims to potentially recover damages from a shareholder who exercised control over a bankrupt defendant company.
Why You Need an Ohio Mesothelioma Lawyer After Asbestos Exposure
For individuals diagnosed with mesothelioma in Ohio due to asbestos exposure, engaging experienced mesothelioma lawyers in Ohio is not just advisable, it’s essential. These specialized attorneys bring a deep understanding of Ohio’s specific legal landscape, maximizing your chances of securing the highest possible compensation.
Ohio asbestos attorneys possess in-depth knowledge of how state laws will be applied to your unique case. A seasoned Ohio mesothelioma lawyer can expertly guide you through the process of filing both a lawsuit and asbestos trust fund claims, ensuring full compliance with state regulations. They understand the nuances of Ohio law and how to build a strong case on your behalf.
Finding the Right Ohio Mesothelioma Law Firm
Choosing the most experienced law firm in Ohio to represent you is a critical decision. When selecting an asbestos lawyer, prioritize those with a proven track record in handling cases similar to yours. Leading Ohio law firms will also have the expertise to assess your eligibility for filing claims with asbestos trust funds.
Consider, for example, the case of Kaiser Aluminum, which operated a manufacturing plant in Heath, Ohio. After filing for bankruptcy in 2002, Kaiser Aluminum established an asbestos trust fund in 2006 with a substantial $1.2 billion. A knowledgeable Ohio mesothelioma lawyer would be well-versed in navigating claims against trusts like these.
Local Ohio attorneys offer a significant advantage in navigating the intricacies of the state’s legal framework. They are familiar with the local courts, procedures, and have likely built relationships within the Ohio legal community. This local expertise can be invaluable in complex asbestos litigation.
For instance, Ohio law mandates that an asbestos plaintiff demonstrate that the defendant’s actions were a “substantial factor” in causing their asbestos-related injury. Furthermore, the liability of a premises owner for asbestos exposure on their property is governed by state law and depends on the specific timing of the alleged exposure. A local Ohio lawyer will be adept at addressing these specific legal requirements.
National Mesothelioma Law Firms with Ohio Expertise
While local Ohio firms offer distinct advantages, national asbestos law firms also bring significant resources and expertise to the table. These firms possess a broader understanding of asbestos laws across different states, including Ohio. They can advise you on whether filing a claim in another state might be beneficial, particularly if your asbestos exposure occurred outside of Ohio or if the defendant company is based elsewhere.
For your consideration, here are some nationally recognized mesothelioma law firms that handle cases in Ohio:
Weitz & Luxenberg
- $8.5 Billion Recovered
- Serves Clients Nationwide
- Rated #1 by U.S. News & World Report for 2022
Simmons Hanly Conroy
- $8.9 Billion Recovered
- Serves Clients Nationwide
- Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
Meirowitz & Wasserberg
- $200 Million Recovered
- Serves Clients Nationwide
- Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers
Nemeroff Law
- $500 Million Recovered
- Serves Clients Nationwide
- Rated a “Hall of Fame” law firm by The Legal 500
Cooney-Conway
- $7 Billion Recovered
- Serves Clients Nationwide
- Rated a National Tier 1 Firm by U.S. News & World Report in 2022
Galiher DeRobertis & Waxman
- $600 Million Recovered
- Serves Clients Nationwide
- 30+ Years Experience
The Ferraro Law Firm
- 35+ Years Experience
- Billions Recovered for Clients
- Rated By the National Trial Lawyers Association as a Top 100 Lawyer
A reputable nationwide mesothelioma law firm will often travel to meet with you, which is particularly helpful when you are dealing with the health challenges of mesothelioma. Engaging one of the nation’s leading mesothelioma law firms can significantly increase your chances of obtaining the full compensation you are legally entitled to receive.
Success in Ohio Asbestos Litigation
While massive multimillion-dollar verdicts in mesothelioma cases are not typical in Ohio, substantial compensation is achievable. The majority of mesothelioma lawsuits in Ohio are resolved through settlements reached before trial. Top-tier asbestos law firms consistently secure asbestos settlements exceeding $1 million for their clients.
Nevertheless, significant damages have been awarded in Ohio asbestos lawsuits. For example, in 2022, Weitz & Luxenberg successfully obtained $43 million for a mesothelioma patient after a jury determined Algoma Hardwoods was liable for asbestos exposure.
Here are some notable Ohio settlements and verdicts that illustrate the potential for significant compensation:
- $8.2 Million (2018): A Cuyahoga County jury awarded $8.2 million in 2018 to the family of a former electrician who tragically died from mesothelioma. His exposure was attributed to Union Carbide’s asbestos fibers used in Georgia Pacific’s Ready-Mix joint compound.
- $27.5 Million (2013): In 2013, an Ohio jury delivered a verdict of $27.5 million to a man who developed mesothelioma due to secondary asbestos exposure. This exposure occurred through his father, who worked with asbestos brake pads manufactured by National Friction Products Corporation. This landmark verdict stands as the largest asbestos verdict ever awarded in Ohio.
- $1 Million (2016): In 2016, an Ohio jury ordered Honeywell, the successor to Bendix, to pay over $1 million to the estate of a woman who developed peritoneal mesothelioma. Her mesothelioma was linked to exposure to Bendix asbestos brakes.
Experienced mesothelioma law firms are also adept at securing substantial payouts, often in the six-figure range, from asbestos trust funds. It is crucial to choose a firm that is thoroughly familiar with Ohio’s trust transparency laws, as these regulations directly impact mesothelioma compensation in Ohio.
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Find an Ohio Mesothelioma Attorney
If you or a loved one has been diagnosed with mesothelioma in Ohio, seeking legal counsel is a vital step. Connect with an attorney who understands the Ohio legal process and is dedicated to helping you and your family obtain the compensation you deserve.
Ohio’s Asbestos Regulations and Laws
Ohio employs a combination of federal and state laws to regulate asbestos and protect public health from asbestos exposure.
Key Asbestos Codes, Laws, and Statutes in Ohio:
- Ohio Revised Code Title 37, Health Safety Morals, Section 3710.01: This section provides definitions for asbestos fibers, asbestos abatement procedures, and asbestos abatement specialists operating in Ohio.
- Ohio Administrative Code Chapter 3745-20, Asbestos Emission Control: This chapter outlines Ohio’s specific laws and regulations concerning asbestos abatement, disposal methods, and asbestos management practices.
- Ohio Revised Code Section 2315.19: This section defines Ohio’s laws related to negligence, which are often relevant in asbestos litigation cases.
- Ohio Revised Code Section 2305.11: This section specifies Ohio’s statutes of limitations, which set deadlines for filing legal claims, including asbestos-related lawsuits.
The Ohio Environmental Protection Agency (EPA) is responsible for overseeing and enforcing asbestos regulations as defined by the state code. The Ohio Department of Health manages the certification and licensing of asbestos contractors, inspectors, and abatement professionals within the state.
Asbestos Exposure Risks Across Ohio
Workers across various industries in Ohio have faced significant risks of asbestos exposure. Manufacturing plants, power generation facilities, refineries, factories, mills, and construction sites have historically been locations with high asbestos use. Sadly, Ohio ranks 6th in the U.S. for mesothelioma and asbestosis deaths, a somber statistic linked to the state’s extensive industrial and manufacturing history.
Locations with Known Asbestos Exposure in Ohio:
- Chemical Plants and Refineries: Ohio is a major producer of rubber, plastics, and diverse chemicals. The high-temperature piping and refining equipment used in chemical production heavily relied on asbestos insulation for heat resistance and safety.
- Power Generation Plants: Asbestos insulation was widely used in power plants throughout Ohio for its heat-resistant properties. Asbestos was also found in arc chutes, electrical boxes, and wiring within these facilities.
- Rubber Plants: Akron, Ohio, was a hub for major rubber manufacturers like Goodyear and Firestone. Workers in these plants used asbestos-contaminated talc powder to prevent rubber from sticking during production processes. A significant $72.5 million settlement in 2020 involved rubber workers and a talc supplier, highlighting the long-term impact of this exposure.
- Schools: Asbestos was a common component in construction materials used in schools throughout much of the 20th century. Many older schools in Ohio still contain these materials, posing a potential asbestos exposure risk to staff, teachers, and students.
- Steel Mills and Factories: Major steel companies like Wheeling-Pittsburgh Steel, AK Steel Holding Corporation, and LTV Steel had extensive operations in Ohio, placing metalworkers at risk of asbestos exposure. Manufacturers of car parts and appliances, such as Ohio Cast Products, also presented asbestos exposure risks to their employees.
- Vermiculite-Processing Plants: Plants like The Scotts Company processed vermiculite ore, some of which originated from Libby, Montana. Vermiculite from Libby was contaminated with tremolite asbestos. The processing of this vermiculite released asbestos fibers, creating a significant health hazard for workers and nearby communities.
Even in recent years, asbestos remains a concern in Ohio. In January 2022, a renovation project at a century-old library in Cleveland Heights, Ohio, included a crucial asbestos removal project to safely eliminate old asbestos floor tiles and asbestos-containing caulking. Numerous historic buildings across Ohio still contain asbestos, and the state continues to oversee asbestos removal projects to protect workers and residents.
Workplace Asbestos Exposure and Secondary Exposure
In addition to direct occupational exposure, secondary asbestos exposure posed a risk to family members of asbestos workers in Ohio. Workers unknowingly carried asbestos fibers home on their clothing, exposing their families to harmful asbestos dust.
Veterans in Ohio who develop mesothelioma due to asbestos exposure during their military service can file VA claims for benefits and access VA healthcare services within the state.
Higher-Risk Occupations for Asbestos Exposure in Ohio:
- Asbestos Manufacturing Workers
- Automotive Plant Workers
- Chemical Plant Workers
- Construction Workers
- Insulation Installers
- Manufacturing Plant Workers
- Metal Workers
- Oil Refinery Workers
- Paper Mill Workers
- Power Plant Workers
Ohio served as the corporate headquarters for several major companies deeply involved in the asbestos industry. Cincinnati was the home of Philip Carey, a company that mined asbestos for insulation products. Cleveland housed the North American Refractories Company, specializing in heat- and friction-resistant materials. Toledo was the headquarters of the Dana Corporation, a manufacturer of asbestos-containing brake pads, gaskets, and seals. Owens-Corning Fiberglas, another major insulation producer, was also based in Toledo, while Owens-Illinois, another insulation manufacturer, was headquartered in Perrysburg. Medina, Ohio, was home to Republic Powdered Metals, which acquired Reardon Company’s Bondex-brand product line and the associated asbestos liabilities.
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