Do I have legal action if my son was exposed to Asbestos? 31 Answers as of June 21, 2013

My son previously attended a school from 7th through 12th grade, and they recently discovered that there was asbestos in the building. They are working to remove the asbestos now. Can I take legal action against them for exposing my son to asbestos?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
How do you know that he was exposed by merely attending the school? Also, has he been damaged? That will take a medical determination.
Answer Applies to: California
Replied: 3/24/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
There are manyindividual and class action claims as a result of exposure to asbestos.So you could bring a claim or join a pending class action, butyou would have to establish an injury caused by the exposure. Therefore, you should discuss this with your doctor and then discuss with an attorney who specializes in this type of claim, involving asbestos.
Answer Applies to: Delaware
Replied: 3/23/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
If he has a medical condition because of the exposure? It would depend on a multitude of factors.
Answer Applies to: Florida
Replied: 3/23/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
You would need to prove causation, clinically proven injuries & damages. With a five year exposure, there is the obvious potential for long term harm. I hope your son gets better.
Answer Applies to: Georgia
Replied: 3/23/2011
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Exposure does not automatically lead to the sickness associated with asbestos, but it could. Check in with his doctor and educate yourself on asbestos exposure. It can take 30 years to see symptoms. If his doctor notes issues, then a case would be in order.
Answer Applies to: Michigan
Replied: 3/23/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Recovering against schools can be very difficult. They have immunity for most accidents. You may be able to recover against the manufacturer of the asbestos. There have been numerous class actions for asbestos injuries. Does you child have any injuries caused by the asbestos?(documented by physician).
    Answer Applies to: Alabama
    Replied: 3/23/2011
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    Under Georgia law a parent has a claim for medical expenses incurred for their children. The statute of limitations on this claim usually runs after 2 years. However, the minor would have an independent bodily injury claim and the statute on the minors claim would not begin to run until the minor reaches the age of 18.
    Answer Applies to: Georgia
    Replied: 3/23/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Not unless your son has contracted one of the diseases which can be caused by asbestos, like mesothelioma. Try calling Wayne Hogan in Jacksonville. He's a lawyer who has handled many of these cases.
    Answer Applies to: Florida
    Replied: 1/17/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Probably. Some public entities, if your son went to a public school, have certain limitations on the claims you could bring. Also, you would have to show that your son actually suffered some harm as a result of the exposure.
    Answer Applies to: Oregon
    Replied: 1/17/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Only if he is suffering with an asbestos disease.
    Answer Applies to: California
    Replied: 1/17/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This is a difficult question. The rules on exposure and statute of limitations are intertwined with minor's tolling statutes and the nature of asbestos litigation itself. Just exposure will probably not be a cause of action. If your son has symptoms then there may be a course of action against the manufacturer/installer/etc. of the asbestos. Most school systems are immune from tort suit however, as they are considered arms of the state government for tort purposes. I would suggest you contact a firm specializing in asbestos litigation. I would recommend Jere Beasley's firm in Montgomery.
    Answer Applies to: Alabama
    Replied: 1/17/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Thank you for your injury question about asbestos exposure. An experienced injury attorney needs to know which state the school was in for analysis of the question. Another key issue issue is the harm in the case. Are here any physical problems resulting from the exposure? Has there been any medical monitoring of your son? If the claim is only one of exposure and no damages, the claim may be premature. There are also question about immunity as many states provide schools immunity for simple negligence. It is a complicated issue and an experienced injury lawyer can help you with the questions you have.
    Answer Applies to: Virginia
    Replied: 1/17/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Probably. The real question is whether the exposure caused any damage. Do you have a doctor who says that such exposure caused real harm.
    Answer Applies to: North Carolina
    Replied: 1/17/2011
    Dack Marasigan, LLP
    Dack Marasigan, LLP | Martin E. Dack, Esq
    You may file a lawsuit on the concerned school as it taking up the construction during the school hour.
    Answer Applies to: California
    Replied: 1/17/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    In a negligence or premise liability case, you need to have damages. Has your son sustained any type of injury or harm due to the asbestos? It would probably be wise, if you have not done so already, to have your son checked out by his doctor. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    He would have to have suffered a personal injury from the exposure. You should contact a firm that specializes in this type of litigation for further information. Good luck.
    Answer Applies to: Connecticut
    Replied: 1/16/2011
    Peckar & Abramson, P.C.
    Peckar & Abramson, P.C. | David Scriven-Young
    I think we need a little more information to answer your question, including whether your son is sick or has been diagnosed with any asbestos-related illness. You should contact an attorney to discuss your rights.
    Answer Applies to: Illinois
    Replied: 1/15/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    You may have a case, in the event that your son sustained asbestos related damages that were proximately caused by his asbestos exposure.
    Answer Applies to: Illinois
    Replied: 3/22/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Yes if he was diagnosed with an asbestos related disease.
    Answer Applies to: Pennsylvania
    Replied: 1/15/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

    Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 1/15/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Does he have any I'll effects from the exposure?
    Answer Applies to: Florida
    Replied: 6/21/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    I would search for an attorney that specializes in asbestos cases.
    Answer Applies to: California
    Replied: 1/15/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    It depends on whether he is injured because of the exposure. If your son has health problems such as mesolithioma, then yes, he likely has a claim.
    Answer Applies to: Nebraska
    Replied: 3/22/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Exposure, in of itself may not be enough. If he develops medical problems as a result of the exposure, he would probably have cause to sue. It is my understanding that symptoms take at least ten years to appear.
    Answer Applies to: South Carolina
    Replied: 3/22/2011
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    Asbestos is the name given to a group of naturally occurring minerals that occur as bundles of fibers. When materials containing asbestos are disturbed, they can release tiny asbestos fibers which are then inhaled into the lungs. People who are exposed to asbestos can contract mesothelioma, also known as "asbestos cancer" which is a rare form of cancer found in the lining of the heart, lungs, abdomen, or the internal reproductive organs. If while your son was at the school which contained asbestos, but the materials containing asbestos was not disturbed, there probably is not a case.

    Due to the ever-changing nature of asbestos litigation, it is important to contact an experienced asbestos attorney if you feel you have a case. People who are exposed to asbestos and contract mesothelioma can bring an action or file suit against those responsible and recover compensation for their damages.

    Answer Applies to: Illinois
    Replied: 3/22/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Your son's medical condition including future side affects from asbestos exposure must be reviewed by a doctor. The matter may be actionable however further information is needed
    Answer Applies to: Illinois
    Replied: 3/22/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Only if he has injury or develops a medical condition as a result of the exposure.
    Answer Applies to: Florida
    Replied: 1/14/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Perhaps, but if it is a state school, there may be some government immunity. I would be interested in some additional facts. I offer free consultations if you are interested.
    Answer Applies to: Missouri
    Replied: 1/14/2011
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