Asbestos Use in South Dakota
There are a few naturally occurring asbestos deposits in South Dakota, none of which are located in a populated area. Three sites where amphibole fibers are found are located in Custer State Park, located in the Mount Rushmore area, south of the National Monument. There is another natural location found near Jewell Cave National Monument, also with the amphibole mineral. North of that area are a few small deposits of serpentine, or chrysotile ore.
The industrial asbestos threats to South Dakota residents are few, simply because of the state’s overwhelmingly agricultural nature. There are power plants in the Sioux Falls area, and there are many structures that predate 1980 which may well have been insulated with asbestos materials. There is also the likelihood that asbestos siding and asbestos roofing materials were used in the state at one time. Ellsworth Air Force Base in the Rapid City area has identified asbestos flooring and insulation in some of the on-base housing; undoubtedly there is additional asbestos material in the operations buildings. The state has developed an oil industry, but most of the installations have been constructed within the past thirty years.
Mesothelioma & Asbestos Deaths in South Dakota
South Dakotans have been fortunate in that the lack of industry has kept the asbestos exposure among residents to a minimum. The state ranks 48th among 50 in the number of asbestos related deaths recorded between 1979 and 2000. Those records show seven deaths due to asbestosis during that time frame, and an additional 56 to 95 deaths attributed to mesothelioma or asbestos lung cancer. The range is due to the uncertainty associated with diagnoses of fatal respiratory illnesses during that period. In 1999 the federal government began tracking mesothelioma deaths, issuing a report in 2005 that showed an additional 41 mesothelioma deaths over the preceding five years.
Legal Rights of Mesothelioma Victims in South Dakota
There have been a few dozen liability actions filed in South Dakota over asbestos exposure – a drop in the bucket compared to the hundreds of thousands of asbestos cases that have been filed nationwide. In South Dakota residents who have developed an asbestos related disease have three years after the date of diagnosis to file a personal injury claim, a products liability claim or, if the asbestos victim is deceased, the family has three years from the date of death to file a wrongful death suit.
For suits filed against multiple defendants, the state applies a “joint and several” liability formula whereby financial responsibility for negligence may be apportioned among parties that are all partially responsible. If one party has over 50% of the responsibility that defendant may be liable for the entire cost of compensation.
