Hawaii has no naturally occurring asbestos, principally because its geology is entirely different than that of the continental United States. It is also, obviously, not a large industrial power. What it does have is a large and active Navy base and shipyard at Pearl Harbor. In addition, Standard Oil’s refinery at Barber Point has been a hotspot for asbestos exposure.
There are a few other Hawaiian business locations where asbestos exposure is known to have been an issue for employees. The many military and civilian functions around Pearl Harbor have been in place for decades, which means that some of them would have had asbestos exposure occur for employees and visitors. There was a refinery in the area at one time, as well as extensive aircraft storage, service and repair facilities.
For the Navy veterans of World War II and many others who have served at Pearl Harbor since the ships and shipyards there were a high risk for asbestos exposure. A disproportionate number of the people in the U.S. who have developed mesothelioma cancer from inhaling asbestos fibers are Navy veterans and shipyard workers.
Legal Rights for Hawaiian Asbestos Victims
There has been very little asbestos litigation in the Hawaiian superior courts. There have been some suits filed against sugar processing businesses, but the cane sugar business also leads to exposure to another type of silicate. There have been cases filed in the lower courts, but most have settled before going to trial. The real challenge for any Hawaiian who develops and asbestos disease is whether the case should be filed in a state court or taken to another jurisdiction where a challenge to a particular group of defendants would be more likely to succeed.
Because the Hawaiian courts have not been showered with mesothelioma cases the state should be a positive environment for a suit today. The statute of limitations there for personal liability claims is two years beyond the discovery of the act – or in this case, diagnosis of the disease. The same applies for a wrongful death lawsuit: if your spouse or relative dies from mesothelioma or another asbestos disease, you have two years from the date of death to take legal action.
If you need an experienced attorney familiar with Hawaiian liability law or you are concerned about the statutes of limitations, speak with one of our attorneys who can explain the several options available to you if the Hawaiian courts are not open to hearing your case. Fill out the brief form on this page and we will be in touch immediately. Read more about how to to find the right Asbestos lawyer as well as recent Mesothelioma case settlements in addition to lawsuits for Mesothelioma.
