In Utah, mesothelioma lawyers help residents and workers exposed to asbestos who later become ill. Asbestos, mostly in the workplace, has harmed thousands of people in Utah, causing mesothelioma, lung cancer, and other illnesses.[1]
Do I Need a Utah Mesothelioma Lawyer?
If you have mesothelioma or another asbestos illness, you can benefit from an experienced mesothelioma attorney. They work with clients all over Utah, including in:
- Salt Lake City
- Provo
- Sandy
- Ogden
- Geneva
- Woods Cross
- Delta
- Garfield
- Bingham Junction
- St. George
- And other cities
Asbestos firms have the experience and resources necessary to take on and win a complicated asbestos case. They will determine which companies exposed you to asbestos and can be held liable, provide a free consultation to answer your questions and walk you through every step of the process.
How to File a Mesothelioma Claim in Utah
One of the first things your lawyer will do is explain your options. You could be eligible for one or more of these actions to recover damages:
- Personal injury claim. You can file a lawsuit for personal injury against the companies responsible for your asbestos exposure and resulting illness. A lawsuit will most likely end in a settlement but can also go to trial and result in a jury award.
- Wrongful death lawsuit. You can also sue for damages if your loved one died from negligent asbestos exposure.
- Asbestos trust fund claim. If the companies responsible for your exposure filed for bankruptcy, they most likely set up asbestos trust funds. Your lawyer can find the appropriate trusts for you and make a claim for compensation.
- VA benefits claim. If your exposure happened during active military service, you can apply for VA benefits. Get assistance from a lawyer or a Veterans Services Officer to navigate the complicated system.
Where Was I Exposed to Asbestos in Utah?
Asbestos is a natural mineral, but it is not benign. It is made up of tiny fibers that can easily become airborne. These little fibers lodge in tissues in the body, where they cause damage over many years.
Not everyone will get sick after being exposed to asbestos, but many do and may face battling lung cancer or mesothelioma later in life because of years of exposure.
In Utah, asbestos casualties are not as high as in more industrialized states, but the natural asbestos found in the mountains has caused significant harm to residents.
Asbestos mining exposed both miners and people near the mines. Mining for other minerals can also cause exposure because the activity can stir up asbestos fibers.
Asbestos was also used heavily in construction until about 1980, so nearly all older buildings pose some risks to residents and workers.
Factories and plants in the state have also used a lot of asbestos and exposed many workers over the years who had no idea about the risks.
Mining in Utah
Mining has long been an important part of the economy in Utah. The state is one of the country’s top producers of non-fuel-related minerals, an industry worth over $1 billion. Utah mines metals like copper, gold, magnesium, and other minerals, including lime, construction gravel, gypsum, and gemstones.
At one time, Utah also had one mine dedicated to asbestos, as well as several other deposits of asbestos that have not been mined.
The former asbestos mine in Millard County was called the Tremolite “number one mine” because it produced tremolite asbestos. The mine is no longer active today.[2] Workers in this mine and anyone who lived or worked near it were likely exposed to the mineral’s fibers.
There are a handful of other asbestos deposits in the state that are not mined.[3] These still pose risks for residents because if the earth in those areas is stirred up, such as through construction projects, the fibers of asbestos may mix with the soil or get into the air or water. This contamination poses a risk to anyone in the area, both workers and residents.
W.R. Grace Vermiculite Processing
The W.R. Grace vermiculite mines in Libby, Montana, operated for decades until about 1990. The mines produced asbestos-containing vermiculite, a mineral used for insulation and other products.
The people working in and around Libby had been exposed to asbestos for decades, but so were workers and others in processing plants around the country that received Libby vermiculite.
Two plants in Utah, both near Salt Lake City, received shipments of asbestos-contaminated vermiculite from Libby. Operations at these facilities stopped in the 1980s, but workers and nearby residents had already been around asbestos for over forty years by then.
After they shut down, the facilities still put residents at risk because of lingering asbestos. The Environmental Protection Agency (EPA) led an abatement project at and around the plants in 2004.[4]
Other Sites in Utah with Asbestos
Mining and vermiculite processing accounts for a lot of the asbestos exposure in Utah over the years. However, other industries, buildings, and workplaces contained asbestos:
- Whittier Elementary, Salt Lake City
- Bullough Asbestos, Salt Lake City
- Salt Lake City Refinery, Salt Lake City
- Skyline Insulation, Inc., Salt Lake City
- Daly West Mining Company, Park City
- Empire Mining Company, Park City
- United States Smelting Company, Bingham Junction
- Intermountain Power Plant, Delta
- Garfield Smelting Company, Garfield
- Columbia Geneva Steel, Geneva
- U.S. Steel Corporation, Geneva
- Geneva Works, Geneva
- Kennecott Minerals Company, Magna
- Phillips Petroleum, Woods Cross
- Stauffer Chemical, Garfield
- Naval Supply Depot, Clearfield
- Hill Air Force Base, Ogden
- Utah Canning Plant, Ogden
Asbestos in Utah’s Aging Buildings
Older buildings in Utah often contain asbestos, which can harm workers and residents if not secured or abated. When these buildings are renovated or repaired, or when they deteriorate, they can give off harmful asbestos fibers.
A recent example involved the Broadway Hotel in Tooele, Utah. After a fire, the owners hired a company to demolish the building. The company was not trained or certified to handle asbestos and did not handle materials appropriately.
The hotel owners also left asbestos-containing debris unprotected on the demolition site for months, putting nearby residents and workers at risk of exposure. Ultimately, a federal grand jury indicted the owner of the Broadway hotel with violating the Clean Air Act.[5]
What Are Utah’s Asbestos Laws?
Asbestos law in Utah addresses current safety and protections as well as how to proceed with lawsuits and claims.
Asbestos Safety Regulations
The Utah Department of Environmental Quality is responsible for protecting residents by overseeing asbestos laws. These include federal regulations set by the EPA and other agencies, as well as state laws.
These laws include ensuring that contractors removing asbestos have been trained and certified, that trained and certified inspectors are used to find asbestos before renovation and demolition projects, and that asbestos removed is wetted before disposal.
Statute of Limitations
In Utah, personal injury lawsuits have a four-year statute of limitations. Mesothelioma has a long latency period and is challenging to diagnose. If you have been exposed to asbestos, get screened so that if you are diagnosed, you don’t miss your opportunity to file a lawsuit and seek justice.
If you lose a loved one to an asbestos-related illness, you have two years to file a wrongful death lawsuit.
Asbestos Litigation Transparency Act
Utah passed this law in 2016 to fight fraud and double dipping in asbestos claims. The law requires plaintiffs in asbestos personal injury lawsuits to disclose information about trust fund claims. This includes ongoing and future claims.[6]
This law, which has been enacted in similar forms in other states, often reduces the amount of damages plaintiffs can recover from companies that exposed them to asbestos.
Take-Home Duty and Secondhand Asbestos Exposure
Some mesothelioma patients got sick due to secondhand asbestos exposure. They lived with someone who worked around asbestos. That individual unknowingly brought asbestos fibers into the home and exposed family members.
Utah recognized in a 2021 case that companies often have a take-home duty to warn people of the risks of secondhand exposure to asbestos.
The case went to the Utah Supreme Court, which determined the company in question had a duty of care to the employee’s co-habitants.[7]
Mesothelioma and Lung Cancer Care in Utah
Getting treatment for lung cancer or mesothelioma caused by asbestos exposure is important and should be done as early as possible. Mesothelioma, in particular, is difficult to treat, so seeking out the best care is crucial.
There is one National Cancer Institute-designated comprehensive cancer center in Utah, the Huntsman Cancer Institute at the University of Utah in Salt Lake City. These designated facilities have some of the best experts in the field and offer patients cutting-edge treatments.[8]
Contact a Utah Mesothelioma Lawyer Today
If you’ve been exposed to asbestos without your knowledge, you need a Utah mesothelioma lawyer to fight on your side. Find a lawyer or a legal team with experience fighting for justice for mesothelioma victims with a proven track record of getting victims settlement money. This expert will help guide you through the process and advocate as you fight for the money you deserve.
Rod De Llano
WriterRod 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.
References
- Environmental Working Group Action Fund. (n.d.). Asbestos-Related Deaths in Utah.
Retrieved from: http://www.asbestosnation.org/facts/asbestos-deaths/ut/ - U.S. Geological Survey. (n.d.). Tremolite No. 1 Mine.
Retrieved from: https://mrdata.usgs.gov/asbestos/show-asbestos.php?rec_id=395 - Van Gosen, B.S. (2008). Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Natural Asbestos Occurrences in the Southwestern United States (Arizona, Nevada, and Utah). U.S. Geological Survey.
Retrieved from: https://pubs.usgs.gov/of/2008/1095/pdf/Plate.pdf - Agency for Toxic Substances and Disease Registry. (2007, March 1). Epidemiological Investigation of Human Exposure to a Contaminated Vermiculite Ore Processing Site in Utah.
Retrieved from: https://www.atsdr.cdc.gov/HAC/pha/VermiculiteIntermountain/VermiculiteIntermountainHC030107.pdf - United States Attorney’s Office. District of Utah. (2024, March 24). Utah Businessman Idicted for Allegedly Failing to Remove 3,300 Tons of Asbestos-Containing Debris After Hotel Demolition.
Retrieved from: https://www.justice.gov/usao-ut/pr/utah-businessman-indicted-allegedly-failing-remove-3330-tons-asbestos-containing-debris - Utah Legislature. (2016). Asbestos Litigation Transparency Act.
Retrieved from: https://le.utah.gov/~2016/bills/hbillenr/HB0403.htm - JDSupra. (2022, February 14). Jurisdictional Analysis Shows Divide on Duty for Take-Home Asbestos Exposure.
Retrieved from: https://www.jdsupra.com/legalnews/jurisdictional-analysis-shows-divide-on-5674470/ - National Cancer Institute. (n.d.). Find a Cancer Center. Utah.
Retrieved from: https://www.cancer.gov/research/infrastructure/cancer-centers/find#Utah