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Unlike many other states, Florida has no known naturally-occurring deposits of asbestos. However, large amounts of it were shipped into the state. At least 109,000 tons of asbestos were shipped from Libby Montana and were ultimately processed in Boca Raton, Jacksonville, Pompano Beach, St. Petersburg and Tampa, placing individuals who worked in these plants at greater risk of developing mesothelioma and other asbestos-related conditions.
Historically, Florida was a hub for its maritime industry with proximity to the Atlantic Ocean and Gulf of Mexico. Florida also has many naval shipyards and naval air stations. It is also home to many private shipping operations. One of the most common uses of asbestos was in shipbuilding materials, which was used in hundreds of products in vessels. Workers who constructed or repaired vessels were at risk of being exposed to asbestos.
Additionally, asbestos was commonly used in commercial applications and construction. Workers at chemical plants, power plants, metal works factories and auto repair shops also could have been exposed to asbestos. Florida’s power generation facilities were required to provide for larger cities and tourist areas. Many of them contained asbestos in insulation, pipes and other locations because asbestos is resistant to heat, electricity and chemicals.
Many Florida buildings were built with materials that contained asbestos. When these buildings are demolished or renovated, dangerous airborne fibers can be released. Some of these contaminated buildings are public buildings, such as schools, universities and hospitals. Individuals who performed electrical work, plumbing and home renovations may have been exposed to asbestos. If you or a loved one has been diagnosed with mesothelioma, or another asbestos condition, contact our law firm today to discuss your legal rights including lawsuit and trust fund claim options.
Quick Links:
Florida Asbestos Regulatory Agencies
Florida Asbestos & Mesothelioma Diagnoses
Florida Laws Concerning Asbestos
Florida Statute Of Limitations
Florida Asbestos Trust Funds
Florida Mesothelioma Verdicts and Settlements
Florida Asbestos Exposure Site List
Florida Mesothelioma Law Firms
Florida Mesothelioma Diagnoses
Reports suggest Florida has the second highest number of mesothelioma diagnoses in the country. Between 1999 and 2015, a minimum of 2,801 Florida residents were diagnosed with mesothelioma. Union and Gadsden Counties have the highest number of mesothelioma diagnosis rates compared to other Florida counties. The majority of mesothelioma cases have occurred in cities such as Miami, Tampa, Orlando, Jacksonville, Tallahassee, Fort Lauderdale, St Petersburg, West Palm Beach, Gainesville, Hialeah, Hollywood, Cape Coral, Miramar, Port St Lucie and Pembroke Pines
Florida Asbestos and Mesothelioma Laws
Because Florida was home to many significant asbestos lawsuits, the legislature passed several laws concerning these claims. These laws directly impact the ability of claimants to successfully recover compensation for the damages that they sustained. Some of the most significant rules include:
Florida’s Asbestos and Silica Compensation Fairness Act
This sweeping legislation has many critical components, including the following:
Prima Facie Evidence
The Florida Asbestos and Silica Compensation Fairness Act provides greater protection to asbestos and silica defendants, largely because it requires a certain evidentiary showing before a plaintiff can proceed with his or her case. The act requires that the plaintiff show he or she has a physical impairment caused by asbestos exposure. Plaintiffs who allege that they sustained certain types of medical conditions must meet very specific medical criteria and present prima facie evidence of the physical impairment. Certain claimants have to provide prima facie (on its face) evidence that links their condition to asbestos exposure. This evidence must show that the medical criteria, if necessary, that is described below is met. If the prima facie evidence is not provided, the case can be dismissed.
Victims with mesothelioma are not held to these same stringent guidelines as claimants with other types of asbestos-related medical conditions. They are not required to provide the prima facie evidence of physical impairment to bring their claim.
Medical Criteria
The act provides different medical criteria that the plaintiff must meet, depending on the severity of the injury. Individuals who have nonmalignant asbestos-related injuries like asbestosis, pleural thickening, cancer and mesothelioma must meet strict criteria that shows he or she suffered from a physical impairment. He or she must attach medical reports to the complaint. The law specifically prohibits damages from being provided if the claim of asbestosis is based only on a chest X-ray. A qualified physician has to connect the condition and asbestos exposure. It does not allow a plaintiff to rely on a diagnosis that his or her condition is “consistent with” or “compatible with” exposure to asbestos. The physician must assign a permanent respiratory-impairment rating of at least class 2 under the American Medical Association guidelines, which is based on a medical examination and pulmonary-function testing. The act involves stringent standards on how applicable tests must be conducted and how their results should be interpreted.
The doctor must take a detailed occupational and exposure history, including identifying all places of employment and possible exposure to asbestos. The history specifies whether this exposure was due to asbestos or other disease-causing dusts and its nature, duration and level of exposure. The doctor must also take a detailed smoking and medical history.
If the claimant was a smoker, he or she must have a qualified physician who is board certified in pathology, pulmonary medicine or oncology state that he or she has lung, esophageal, larynx or other cancer and that asbestos exposure was a substantial contributing factor. The medical report must also show that at least ten years have passed since the date of the plaintiff’s first exposure to asbestos and the diagnosis. Radiological or pathological evidence of asbestosis or diffuse pleural thickening must be presented. There must also be evidence of substantial occupational asbestos exposure.
Punitive Damages
The act also prohibits the award of punitive damages in a lawsuit regarding asbestos.
Definition of Asbestos
The act incorporates the federal OSHA definition of asbestos: “chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.”
No Strict Liability
Although Florida law usually provides for a strict liability theory for a defective product claim, the act shifted this focus. Under strict liability, anyone in the chain of distribution of a defective product can be held liable for the plaintiff’s injuries without having to show any negligence on the part of this party in the chain of distribution. However, the act bases liability on the defendant’s conduct. Defendants are liable if they failed to use reasonable care with the product that caused harm to the plaintiff, the produce failed to meet an express warranty by the seller or the seller engaged in intentional wrongdoing.
Successor Liability
The act also limits the liability of a successor company that acquires another company with asbestos-related liabilities. This liability is capped at the fair market value of the previous company’s total gross assets, so the new company does not stand to lose more than it gained when acquiring the former company.
Statute of Limitations
In Florida, claimants have four years from the date of being diagnosed with mesothelioma or another asbestos-related medical condition to file a lawsuit. If the disease results in death, the family has two years from the date of death to bring forth a wrongful death lawsuit.
Asbestos Court Exposure Standard
To prevail on a mesothelioma or other asbestos-related claim, a plaintiff must show that asbestos exposure was a substantial contributing factor in the development of the condition.
Florida State Asbestos Regulatory Agencies
The Florida Department of Environmental Protection administers an asbestos removal program. It requires notification before performing certain types of asbestos removal at least 10 days before commencing the project.
Florida Asbestos Trust Funds
Many companies across the country established trusts after they faced hundreds or thousands of lawsuits stemming from liability related to their asbestos-containing materials. These trusts were often established after the company filed bankruptcy. Florida has two such trusts. Leslie Controls manufactured piping, gaskets, valves and other products that contained asbestos. It established the Leslie Controls, Inc. Asbestos Personal Injury Trust in 2011 to handle claims. The trust has estimated funds of $75,000,000. The company is headquartered in Tampa.
The Lykes Tort Claims Trust was established in 1997 after Lykes Bros. Steamship filed bankruptcy in 1995 to provide compensation for asbestos liabilities. The company is headquartered in Tampa. The trust has an unknown amount of funds and is considered active.
Florida Asbestos Site Exposure List
Many of Florida’s bustling shipyards, tourist areas, public buildings and industrial sites have an increased likelihood of asbestos exposure. Some of the more prominent facilities and sites include:
- Mayport Naval Station – Mayport
- Pensacola Naval Air Station – Pensacola
- Jacksonville Navy Yard – Jacksonville
- Miami Dade Drydock – Miami Dade
- Atlantic Drydock – Jacksonville
- Tampa Bay Shipbuilding – Tampa
- Hendry Corporation – Tampa
- Florida Power and Light Company – Juno Beach
- Lakeland Power Plant – Lakeland
- Vero Beach Municipal Power Plant – Vero Beach
- Crystal River Nuclear Plant – Crystal River
- Lucie Nuclear Power Plant – St. Lucie
- Atlantic Sugar Association – Miami
- DuPont Corp. – Lakeland
- Florida State University – Tallahassee
- Jacksonville Grammar School – Jacksonville
- Gulf Marine Repair Corporation – Tampa
- Mulberry Phosphate Mine – Mulberry
Florida Mesothelioma Verdicts and Settlements
Despite the expansive laws regarding asbestos exposure, Florida is home to some of the largest jury verdicts and settlements. A sampling of some of these verdicts and settlements published from news agencies involving unaffiliated law firms range from $1 million to $37 million.
- In 2017, the Florida Third District Court of Appeals reaffirmed a large verdict in favor of a couple who filed a lawsuit after the husband was diagnosed with mesothelioma. He worked as an employee benefits advisor from 1978 to 1997, which placed him near pipes insulated with asbestos when he visited various commercial and industrial facilities to speak with employees.
- A jury verdict for asbestos exposure and premises liability resulted in an enormous verdict for a plaintiff in 2016.
- A jury awarded a large dollar figure in 2015 against a supplier of joint compounds and ceiling texture sprays that contained asbestos. A construction supervisor developed malignant peritoneal mesothelioma due to the exposure. The verdict was first overturned by the Court of Appeals and then the Florida Supreme Court reinstated it.
- In 2014, a jury awarded a 65-year-old automobile mechanic with mesothelioma with a substantially large monetary award.
- A sizeable jury verdict was returned in a 2015 case against Georgia-Pacific, LLC. after the plaintiff was exposed to a joint compound that contained asbestos in 1977 from his job as a commercial painter and developed pleural mesothelioma.
- The largest compensatory asbestos award at the time was awarded in 2008 for a mesothelioma victim who died at age 52 after being diagnosed with the disease connected to his construction profession.
- After a shipyard worker died from mesothelioma after being exposed to asbestos-containing insulation and other products in steam lines, boilers, pumps and turbines, his family recovered a large dollar amount.
- A shipyard welder who worked onsite for more than 35 years developed mesothelioma. He was awarded a large dollar amount in compensatory damages and another big dollar figure in punitive damages.
- A garage mechanic was awarded a large dollar verdict after being exposed to brake shoes, discs, clutches and gaskets that contained asbestos.
- A millwright who contracted mesothelioma recovered substantial damages after being exposed to asbestos at the paper mill where he worked.
- An immense recovery was achieved for a garage worker who was exposed to asbestos in brakes and clutches during his 38-year career.
Florida Mesothelioma Law Firms
Due to the high number of mesothelioma diagnoses and occurrence rate, we may work with local Florida law firms in Miami, Tampa, Jacksonville, and Orlando that provide high-quality legal representation to mesothelioma victims and have knowledgeable attorneys which handle all aspects of mesothelioma cases.
