Judge Rejects Asbestos Company’s Attempts to Avoid Mesothelioma Liability
Despite the fact that it has long been established that mesothelioma is caused by asbestos exposure, companies with products contaminated with the toxic material continue trying to avoid liability with all types of excuses, including blaming the federal government.
In a recent example, lawyers for Avondale Industries, Inc. argued the company shouldn’t have to to face a jury in the case of Linda Guillot’s malignant mesothelioma.
The company claimed that since the federal government ordered asbestos-containing materials (ACMs) be installed aboard Navy vessels, it should absolve them of responsibility for warning that asbestos could cause harm.
Ms. Guillot’s husband and father both worked for the company, and the asbestos dust that they carried home on their clothing is blamed for her fatal diagnosis.
Upon hearing arguments from both sides, District Judge Carl J. Barbier of the United States District Court of Louisiana, denied Avondale’s motion, indicating that their obligation to fulfill the government’s request for ACMs did not absolve the of their duty to warn.
Ms. Guillot’s mesothelioma lawsuit is not the first instance in which Avondale has attempted to use the argument blaming the government. Judge Barbier pointed that out in his decision, saying that a district court had ruled that “Avondale failed to provide any evidence that the government had any control over Avondale’s safety protocols.”
“There is simply nothing in the record indicating that Avondale was prevented from adopting the safety measures that Plaintiff claims would have prevented her from contracting mesothelioma. At best, Avondale demonstrates that the federal government required Avondale to use asbestos when building ships.”
“The shipyard failed to demonstrate that its contracts with the government prevented it from taking any of the protective measures identified by the plaintiffs,” the judge added.
Despite the continued actions of asbestos companies, mesothelioma victims do have rights that the courts uphold. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 for more information.
Written by Terri Oppenheimer
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