Overview of Asbestos in Wisconsin
Wisconsin has a number of industrial and utility sites that have been identified as locations where employees were exposed to asbestos on the job. Pulp and paper mills utilized asbestos textiles for the belts that carried pulp through the drying process. These belts frayed and put asbestos fibers in the air, leading to asbestos related disease years later. Wisconsin was a major producer of pulp and paper. Many of the larger dairy facilities had asbestos insulation and asbestos fittings in the production line. The power plants that helped Milwaukee and Green Bay develop into industrial centers were built with asbestos insulation on the steam generation equipment.
Mesothelioma & Asbestos Deaths in Wisconsin
A survey of asbestos related deaths recorded in this country from 1979 to 2000 reveals that 177 people died from asbestosis during that period. From 548 to 914 deaths occurred from mesothelioma or some other form of asbestos cancer. In 1999 the National Institute for Occupational Safety and Health began tracking mesothelioma deaths carefully. NIOSH issued a report in 2005 indicating that an additional 448 mesothelioma deaths had occurred in the preceding six years alone, illustrating the degree to which asbestos related deaths were underreported in preceding decades.
Legal Rights of Mesothelioma Victims in Wisconsin
The Wisconsin Department of Natural Resources regulates asbestos abatement, disposal and management of building demolition. Under Wisconsin law, residents who develop an asbestos related disease have up to three years after diagnosis to file a personal injury claim and up to six years to file a products liability suit. Families who have lost someone to asbestos related disease have three years after the date of death to file a wrongful death suit.
Wisconsin law also allows a plaintiff to recover damages despite being partially at fault for an injury. If the person filing the suit is judged to be less than 50% responsible the other parties at fault must make restitution based on their percentage of allotted fault. The courts also use the modified joint and several liability formula, which holds that any defendant found to be less than 50% liable for an injury can only be held responsible for their share of damages. A defendant that is over 51% responsible may be held liable for the entirety of the damages, if other guilty parties cannot pay.
In 2008 the Wisconsin Supreme Court made an important ruling reinforcing the responsibility of insurance carriers to pay asbestos claims against their insureds. Liberty Mutual claimed that the multiple asbestos claims against Plastics Engineering Company were the result of a single event (asbestos exposure) thereby limiting coverage, and that coverage for a certain period of time did not apply to disease diagnoses made years later. The court ruled in favor of Plastics Engineering, obligating Liberty to over $70 million in insurance coverage instead of the $14.3 million limit claimed by the insurer.
