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I have been exposed to Asbestos Dust while working on a contract job. How do I go about taking legal action?
I'm a 51-year old construction contractor bringing a claim for asbestos but am uncertain which specific exposure to asbestos dust caused my injuries. How do I prove causation?
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Answers (1)
One of the main challenges in asbestos litigation is proving causation. The courts have created a number of different causation standards due to the fact that there could be several contributing factors, missing direct evidence of exposure to a particular product, many potential places of exposure, and numerous asbestos products. Federal courts rely on the substantial factor standard to evaluate whether exposure to a product containing asbestos was a cause-in-fact of the aggrieved party's asbestos-related illness. This standard is is based on the notion that the consequence of exposure to asbestos dust is cumulative and may cause a separate and additional injury. It is up to the jury to look at the circumstantial evidence and determine whether the plaintiff's exposure was a contributing factor to his or her disease.
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Posted by Yara Zakharia on 21 Jan 2010
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(2 Votes)