The New Hampshire Department of Environmental Services manages asbestos abatement and regulation for the state. Abatement is an ongoing process in a state with so many old buildings that contain asbestos insulation, asbestos siding, asbestos flooring and asbestos roofing. Many of the mills in Concord and Manchester have been converted to office and housing, providing an abatement challenge to developers. Like all rural New England states New Hampshire’s economy was mill based at one time, with pulp and paper mills predominant.
The amount of asbestos in public buildings continues to be a concern. In 2007 the New Hampshire legislature budgeted over $4 million for asbestos abatement in public facilities. Asbestos exposure is always a concern in public utilities constructed prior to 1970, as most in New Hampshire were. The Portsmouth Naval Shipyard is also a location where asbestos exposure was rampant for sailors and shipyard workers prior to 1970.
Mesothelioma and Asbestos Deaths in New Hampshire
During the last two decades of the 20th Century 107 New Hampshire residents succumbed to asbestosis, according to a study of death certificates conducted in 2001. Over that same period at least 127 residents, and possibly as many as 210 died of mesothelioma. However the frequency of mesothelioma deaths became an issue after the federal government began tracking them formally in 1999. In 2005 they issued a report showing 96 deaths due to mesothelioma over the preceding five years. While the numbers are small, the newer tracking system shows a much higher incidence of mesothelioma than reflected in old death certificates.
Legal Rights of Mesothelioma Victims in New Hampshire
New Hampshire has a three year statute of limitations for legal action on personal injury, wrongful death or product liability cases. That means a mesothelioma or asbestos victim has three years after diagnosis to file a claim. In New Hampshire the rule on comparative liability holds that an injured party may collect damages even if he or she is partially at fault, as long as the personal responsibility is construed to be less than 50% of the fault. The rule of joint and several liability applies in cases with multiple defendants, as most mesothelioma and asbestos claims are. Financial responsibility can be allocated based on the assigned percentage of blame.
In 1993 the New Hampshire Vermont Health Services Corporation won a public agency suit against asbestos product supplier United States Mineral Products Company, which had used an asbestos-containing fireproofing spray on the plaintiff’s buildings. The award was $3.9 million. Read more about how to to find the right Asbestos lawyer as well as recent Mesothelioma case settlements in addition to lawsuits for Mesothelioma.
