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  • South Dakota
Page Updated: July 01, 2022

South Dakota Mesothelioma Lawyer

Rod De Llano Page Written By Rod De Llano, Esquire
Fact Checked

This article has been fact checked by an experienced mesothelioma attorney. Sources of information are listed at the bottom of the article.

We make every attempt to keep our information accurate and up-to-date.

Please Contact Us with any questions or comments.

Asbestos-related death rates in South Dakota are relatively low compared to other states because of limited industrial workplaces. Residents exposed to asbestos in buildings or on the job can work with a South Dakota mesothelioma lawyer to start a lawsuit or file a claim with an asbestos trust fund.

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Asbestos in South Dakota

A common natural mineral, asbestos has been used for thousands of years. Many industries have long used asbestos because it is abundant, inexpensive, and can resist fire, heat, electricity, and many chemicals. It can also add strength to materials.

During the industrial boom of the 20th century, asbestos was used in large quantities until the awareness of its adverse health effects grew. As a result, the federal government enacted regulations limiting its use in the 1970s.

Unfortunately, friable asbestos can become lodged in the body and cause damage over time. For some, this damage leads to mesothelioma, lung cancer, or asbestosis, a kind of scarring of the lungs.

South Dakota’s exposure rates have been low compared to other states due to the sparse population and minimal industry. However, western South Dakota has several natural deposits of asbestos and a similar mineral, called erionite. In addition to these natural deposits, South Dakota’s construction industry once used asbestos across the state, including military installments.

Natural Asbestos and Erionite

According to the U.S. Geological Survey, South Dakota has no former asbestos mines; however, the state does have former prospects and several natural asbestos deposits on its western edge.[1]

Although they were never mined, these naturally-occurring asbestos deposits pose a risk to residents. If these deposits are disturbed during road building or construction, the soil and air in the area can be dangerously contaminated with asbestos fibers.

There is another mineral in western South Dakota that poses a risk for residents. Erionite is a mineral similar to asbestos and is abundant in the region. Gravel and dirt from the erionite-rich region have been used to build roads, parking lots, and other modern conveniences.

Every time a car drives down a gravel road, it can potentially stir up fibers and put people in harm’s way. The discovery of erionite in the region and its potential health effects is recent. How it could impact area residents remains to be seen.[2]

Buildings and Military Bases

One of the primary sources of asbestos exposure in South Dakota is older buildings, including military bases. Before the 1970s, the construction industry used asbestos in insulation, roofing, flooring, ceiling materials, adhesives, and many other building components.

Buildings from that period now pose a risk to residents. If asbestos deteriorates or becomes damaged, its tiny fibers can become airborne, exposing residents or anyone in the area.

Military buildings are one source of exposure for military personnel and civilians working on site. Ellsworth Air Force Base in Rapid City, South Dakota, is currently managing extensive asbestos all over the base.

Buildings, vehicles, and equipment all contain asbestos. In 1990, the base was listed by the Environmental Protection Agency as a top-priority Superfund site.[3]

Other South Dakota Sites with Asbestos

In addition to older buildings and areas with natural asbestos and erionite deposits, there are other sources of asbestos in South Dakota. These facilities are known to have contained asbestos and put people at risk of harmful exposure:

  • Aberdeen Light and Power Company, Aberdeen
  • Consolidation Coal Company, Rapid City
  • Rapid City Air Force Base, Rapid City
  • South Dakota Cement Plant, Rapid City
  • Sioux Falls Light and Power Company, Sioux Falls
  • Eureka Milling Company, Sioux Falls
  • Rapid City Landfill, Rapid City

South Dakota Asbestos Laws

In South Dakota, the Department of Environment and Natural Resources plays an important role in protecting residents from asbestos. This government department manages and administers federal and state regulations regarding asbestos, its use, and disposal.

For example, asbestos construction projects require advance written notification. The department also enforces state-level emission limits on asbestos and ensures all contractors working with asbestos are properly certified.[4]

Statute of Limitations

If you receive a diagnosis of mesothelioma or another asbestos-related illness, you have the opportunity to seek justice. If you believe a company was negligent in your exposure, you can file a lawsuit; however, South Dakota has a statute of limitations.

You have three years from the time of diagnosis to file your lawsuit and seek damages. Likewise, if you have lost a loved one to one of these diseases, you have three years from the time of death to file a wrongful death lawsuit.

Finding South Dakota Mesothelioma Lawyers

South Dakota mesothelioma lawyers are essential players, helping residents find justice after asbestos exposure. If you have been exposed and became sick as a result, contact one of these experienced lawyers.

A good legal team will guide you through the complicated system, ensuring you get the best possible chance for compensation. Find your lawyer by looking for legal teams that have worked with other victims of asbestos exposure and won settlements.

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Page Written by Rod De Llano, Esquire

Rod De Llano

Rod De Llano was born and raised in Laredo, Texas. He graduated from Princeton University with a B.A. in Economics, and earned a law degree from the University of Texas. After working for an international law firm for several years, Rod formed a law firm dedicated to representing persons injured by exposure to asbestos products. For over 20 years, Rod has fought for persons diagnosed with asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis. His clients have recovered over $1 billion over the years.

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Rod De Llano
References
  1. Van Gosen, B.S. (2006). Reported Historic Asbestos Prospects and Natural Asbestos Occurrences in the Central United States. U.S. Geological Survey.
    Retrieved from: https://pubs.usgs.gov/of/2006/1211/downloads/pdf/Plate.pdf
  2. Weissman, D. and Kiefer, M. (2011, November 22). Erionite: An Emerging North American Hazard. Centers for Disease Control and Prevention.
    Retrieved from: https://blogs.cdc.gov/niosh-science-blog/2011/11/22/erionite/
  3. U.S. Environmental Protection Agency. (n.d.). Ellsworth Air Force Base. Ellsworth AFB, SD.
    Retrieved from: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0800585
  4. South Dakota Department of Environment & Natural Resources. (n.d.). Asbestos – Waste Management Program.
    Retrieved from: https://danr.sd.gov/Environment/WasteManagement/Asbestos/default.aspx
View All References

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