Does Your Building Pose an Asbestos Risk?

Many buildings in Missouri and Kansas have, or may become, contaminated by the release of asbestos from building products such as fireproofing, acoustical plaster, floor tiles, ceiling tiles, pipe insulation and other materials. An owner of a building that may contain asbestos must therefore answer several questions to make sure the building is safe:

• Does the building contain asbestos?
• Is the asbestos friable, meaning it can be pulverized and crumbled by hand pressure?
• Is the product containing asbestos damaged?
• Has the product released respirable asbestos fibers that could be inhaled?
• Are workers or other occupants in the building exposed to asbestos fibers and if so, how?
• Should the asbestos-containing material be removed and if so, when and how? (The above photo is an example of sprayed asbestos fireproofing on a building's structural steel.)

Homeowners Should Be Alert to the Possible Presence of Asbestos!

Homeowners should also be aware that certain products in the home may contain asbestos. For example, before 1978 many joint compound products, used on wallboard, contained asbestos. Some homes may have asbestos-insulated pipes or other products. Vinyl flooring often contained asbestos in its backing. We have represented owners of a home contaminated with asbestos by the improper removal of vinyl flooring. In that instance, the homeowners were forced to move out until the home could be cleaned of asbestos. Care should be taken if the products must be disturbed.

Without attempting to list all regulations and laws on asbestos, it is important to know that the United States Environmental Protection Agency (EPA) has established regulations governing the safe handling and removal of asbestos from buildings. The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor has set up permissible exposure guidelines for asbestos. Likewise, many states have passed statutes or regulations governing the safe use and handling of asbestos in buildings. Both the EPA and OSHA have also published guide books which can help building owners deal with legal issues concerning asbestos in buildings.

Home and Building Owners Can be Liable in Asbestos Litigation. . .

A building owner who allows asbestos to be removed without following proper state and federally mandated precautions may be subject to civil and criminal penalties. Likewise, if an owner operates his or her building without taking adequate safeguards to prevent employees and other building occupants from being exposed to asbestos, and an asbestos disease (such as asbestosis, mesothelioma, or an asbestos-related cancer) does strike the person exposed to asbestos, the owner could be subject to civil liability.

If You Own a Building with Asbestos In It . . .

The law firm of Humphrey, Farrington & McClain, P.C. has represented owners of schools, commercial high-rise buildings, hospitals, airports, auditoriums, homes and other buildings across the United States in actions against asbestos industry manufacturers. In these cases, our attorneys sought the costs of removal of products containing asbestos, and of maintaining the building in a safe condition until removal. Our lawyers are familiar with experts in the field, including industrial hygienists, laboratories, architects, abatement contractors and others who can offer specific advice about your building.

If you have been exposed to asbestos fibers, you should consult a doctor, especially if you have any asbestosis symptoms. If you own a home or building where asbestos products have been used in construction, contact us.

We can help.

Telephone: 816-836-5050
Toll Free: 877-436-3692

Humphrey, Farrington & McClain, P.C.
Missouri Asbestos in Buildings Litigation Attorneys
221 West Lexington, Suite 400
Independence, Missouri 64050

Attorneys Assisting Property Owners in Kansas and Missouri Who Have
Asbestos in their Buildings, in Litigation Against the Asbestos Industry