Home to several utility and power plants; the oil refineries of BP Amoco, Shell Oil and Sunoco; and to the American Shipbuilding shipyard, Ohio is known to thrive on asbestos industries. Because Ohio greatly depends on the industries that are known to have used asbestos for its resistance to friction and heat, thousands of Ohio workers and residents have and continue to suffer from the harsh effects of asbestos exposure.
More than 445,000 tons of asbestos-containing vermiculite was shipped into Ohio between 1948 and 1993. The asbestos-rich ore originated in Libby, Montana and was distributed to 14 different sites located throughout the state, including Cleveland, Port Clinton, North Bloomfield, Warren, Dayton, Barberton, Cincinnati and East Palestine. Records show that more than 90 percent of the vermiculite was stored in Marysville.
Our asbestos attorneys in Ohio are available to review potential asbestos claims on behalf of individuals and families in the state affected by asbestos exposure. We are highly familiar with the laws governing asbestos use in the state and with the companies responsible for the majority of the exposure. To find out if you are eligible to recover compensation after a mesothelioma or other asbestos cancer diagnosis, please contact us today.
Who Should Contact a Mesothelioma Lawyer in Ohio?
If you or someone you love has been diagnosed with an asbestos cancer such as mesothelioma, you should contact a mesothelioma lawyer as soon as possible to find out if you are eligible to sue for damages. Ohio has been ranked among the top ten states for asbestos related deaths. In fact, nearly 2,000 deaths from mesothelioma and asbestosis were reported in Ohio from 1999 to 2013, most of which occurred in Columbus, Cincinnati, Toledo and Cleveland.
Our mesothelioma attorneys have vast experience helping the families of current and former Ohio industry workers that worked in facilities such as:
- Metal works plants such as Wheeling-Pittsburgh Steel, AK Steel Holding Corporation and LTV Steel.
- Car parts manufacturing facilities
- Vermiculite processing plants such as The Scotts Company
- Rubber, plastic and metal products production factories
- Power generating facilities
- Petroleum refineries
- Chemical plants
Ohio is the nation’s leader in the production of rubber, plastic and metal products and appliances, each of which requires insulation and fireproofing. Before regulations were set forth on asbestos use, it was used to make a number of these products, exposing manufacturers, packagers and repairmen and women to the harmful effects of asbestos fibers.
Ohio Cities and Towns With Asbestos Exposure
Some of the communities in Ohio that have been exposed to asbestos over the years include:
- Akron
- Alliance
- Ashland
- Bedford
- Barberton
- Newark
- New Philadelphia
- Portsmouth
- Defiance
- Euclid
- Cleveland
- Columbus
- Cincinnati
- Kent
- Marietta
- Lima
Mesothelioma Statistics in Ohio
From 1980 until 2000, there were 1624 deaths in OH that were related to asbestos diseases. Approximately 1000 of these were due to mesothelioma and the rest were due to asbestosis.
Legal Overview of Mesothelioma and Asbestos Cases in Ohio
This state has been one of the most active in the nation for asbestos litigation in the last 10 years. In fact, by 2000, OH was just one of five US states that was responsible for over ⅔ of the new asbestos lawsuits in the US. This fact caused lawmakers in OH to begin tort reform for asbestos lawsuits.
Some of the major factors behind the reform attempts here were because there were litigants that had no asbestos-related illnesses. Also, there were more bankruptcies occurring in companies based in Ohio that had large asbestos related liabilities.
Lawmakers cited concerns that there were too many frivolous claims of asbestos exposure clogging the state courts. Legislators also were concerned that the claims could have a major negative effect on the economy. Also, they believed that there would be less money available for plaintiffs who truly were sick.
So, in 2004, the state enacted several major asbestos legal reforms. The measures put a limit on the people who can file, and also limits on who is liable for injuries related to asbestos. The major features of asbestos laws here are:
- Substantial factor test
- Medical criteria
- Successor liability
- Premises liability
- Piercing the corporate veil
Regarding medical criteria, this state mandates that claimants have to demonstrate that they have actual physical impairment to move ahead with a lawsuit. The law allows claimants who know they were exposed, but currently are not sick, to file claims later if they develop a medical condition. The advantage of this reform is that it prioritizes the sickest people.
Claimants who have nonmalignant illnesses and people who have brought wrongful death suits have to make a case that the asbestos exposure was a major factor in the sickness. However, note that people who have mesothelioma or another malignant disease related to asbestos are held to a lower standard.
All claimants are required to file reports in court that offer strong evidence that their condition meets all medical criteria as established by the state legislature. If the plaintiff does not meet all of the criteria, the case is dismissed.
The substantial factor test is of critical importance in moving forward with an asbestos related lawsuit in Ohio. The plaintiff has to show that the conduct of the defendant was a major factor in causing the injury. The plaintiff has to show that they were exposed to the deadly substance that was made, supplied, installed or used by the defendant.
The court will look at the following to determine if the asbestos exposure was a substantial factor:
- How the plaintiff was exposed
- How close the asbestos was to the plaintiff
- How often and how long the plaintiff was exposed
- Any factors that may have reduced or enhanced the exposure
Getting Legal Help for Ohio Asbestos Exposure
If you or someone you love has been diagnosed with an asbestos cancer disease such as mesothelioma, asbestosis, or lung cancer, you may be eligible to recover compensation for financial and emotional losses. Contact mesothelioma centers today to schedule a private, no-cost consultation with an experienced Ohio asbestos attorney who will fight to protect your legal rights.
