Improper Asbestos Disposal Cases

If a property owner has asbestos on his or her property and decides to renovate the building or demolish it, there are certain steps that must be taken to safely remove and dispose of the asbestos-containing material.

When a building owner fails to follow the steps required by law and building codes, he or she is placing everyone in danger. In order to properly remove asbestos, the owner must first have a certified asbestos abatement company perform a survey to verify that asbestos is present. Once this is complete, the landowner must apply for needed state and local permits. Only after obtaining permits can any renovation or demolition commence. All work must be done by a certified asbestos removal contractor. In the City of Boston, a permit must be obtained from the Boston Fire Department.

After the asbestos has been properly removed, it must be transported and disposed of at an approved hazardous waste processing facility. The U.S. Environmental Protection Agency (EPA) closely monitors these facilities to help prevent any unnecessary danger to the general public while OSHA ensures that worker safety protocols are being followed.

As our Boston mesothelioma attorneys at Jeffrey Glassman Injury Lawyers can explain, when a property owner does not follow the procedures in place to legally remove or “abate” the asbestos on his or her property, the landowner will also likely dispose of the asbestos-laden construction debris in an unlawful manner.

In some cases, the asbestos debris is simply taken out with other trash. This is not always the case because most commercial waste removal companies will recognize material likely to contain asbestos and report the property owner. In worst case scenarios, the landowner will illegally dump the asbestos material on someone else’s land. We have seen cases where the material is dumped at a school during the summer months when it is closed, private property, and other similar places.

It is important to report any findings of illegally dumped construction material as soon as it discovered. This will aid authorities in finding out who is responsible. It is essential that you not touch or otherwise disturb the debris until it can be inspected to see if asbestos is present.

While there is generally no doubt that a mesothelioma victim’s illness was caused by asbestos exposure, one of the most essential elements in any asbestos lawsuit is proving who is responsible for the exposure.

If the person or company responsible for your asbestos exposure can be identified, there a good chance you have valid claim. Anyone who handles or disposes of asbestos-containing construction debris knows or should know that it can cause mesothelioma, lung cancer, and other forms of respiratory illness.

In any negligence case in the Commonwealth of Massachusetts, including mesothelioma litigation, defendants are required to act in a reasonable and prudent manner to prevent foreseeable harm to foreseeable plaintiffs.

With the vast amount of knowledge available about the dangers of asbestos exposure, it will be very difficult for anyone to claim they were unware of the dangers. Even if they claim they personally were not aware, the law in this area states that they should have known so that knowledge pertaining to risk will be satisfied in many cases.

Contact Jeffrey Glassman Injury Lawyers to schedule a free consultation with a Boston asbestos lawyer to determine if you have a case for an asbestos-related illness.

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