Georgia has the third highest number of natural deposits of all the states. Nearly all of these deposits form along the Appalachian mountains, most of which are located in Rabun and White Counties. Northern Georgia was home to 17 former asbestos mines. At least five locations throughout the state received at least 15 shipments of contaminated vermiculite ore that is notorious for being mined in Libby, Montana. Residents and visitors alike are at risk of asbestos exposure due to these natural deposits.
However, people who worked in certain occupations where asbestos use was more prevalent are at a heightened risk of developing mesothelioma and asbestosis. Georgia has many U.S. military operations, an industry that has had a prominent impact on the Georgia economy. In 2003, U.S. military operations contributed $25 billion to the economy. Many buildings, weapons, vehicles and ships contained asbestos. Asbestos was known to be used in several military bases and airfields.
Asbestos was a coveted building material because of its superior insulating properties. It was used in many public buildings, including the Centers for Disease Control and historic buildings. Asbestos was also commonly used in power plants due to its heat and fire-resistant properties. Oil refineries also used asbestos. Paper mills also used asbestos in drying felts and other aspects of their paper or pulp mills. Textile, paper product, construction and other types of manufacturing positions also put workers in direct exposure to asbestos. If you or someone close to you was diagnosed with mesothelioma, contact our law practice today for more information on lawsuits and asbestos trust claim options.
Quick Links:
Georgia Asbestos Regulatory Agencies
Georgia Mesothelioma Diagnoses
Georgia Laws Concerning Asbestos
Georgia Statute Of Limitations
Georgia Asbestos Trust Funds
Georgia Mesothelioma Verdicts and Settlements
Georgia Asbestos Exposure Site List
Georgia Mesothelioma Law Firms
Georgia Mesothelioma Diagnoses
Between 1999 and 2015, an estimated 651 Georgia residents have been diagnosed with mesothelioma. Counties in the southwest part of the state along the Florida and Alabama borders have the highest incidence in the state. Between 1999 and 2013, at least 246 Georgia residents were diagnosed with asbestosis and another 2,364 residents were diagnosed with non-mesothelioma lung cancer. Most diagnoses occur in the cities of: Atlanta, Columbus, Savannah, Marietta, Macon, Sandy Springs & Johns Creek
Georgia Asbestos Laws
Georgia has a number of laws that have a significant impact on asbestos litigation. These laws determine what the plaintiff must prove in order to establish liability, when a lawsuit must be filed and how the case proceeds.
Georgia Definition of Asbestos
O.C.G.A. § 51-14-3 defines asbestos as “chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 C.F.R. 1910.”
Court Exposure Standard
Most asbestos cases are litigated on the state level. Each state develops its own laws and procedures regarding asbestos cases and how a plaintiff must establish causation between the defendant’s product and the victim’s development of mesothelioma or other asbestos-related condition.
Georgia has adopted the Lohrmann test, which is implemented via a statute. The statute states that the plaintiff must show that exposure to asbestos or silica must be proven as a substantial contributing factor to the victim’s development of a medical condition. The term “substantial contributing factor” is further defined as exposure that took place on a regular basis over an extended period of time and in close proximity such that without this exposure, a physical impairment would not have developed. The exposure must make a meaningful contribution to the claimed injury.
Prima Facie Evidence
In order for a plaintiff to proceed with litigation, he or she must establish a case with prima facie (on its face) evidence of physical impairment at the time of filing his or her complaint. The evidence that is necessary depends on the type and severity of the plaintiff’s injury, as well as when the claim accrued. For asbestos claims that accrued before April 12, 2005, a claimant with mesothelioma is not required to provide any further prima facie evidence. For asbestos claims alleging cancer other than mesothelioma or a nonmalignant injury, a physician must sign a medical report certifying to a reasonable degree of medical probability that the exposure to asbestos was a contributing factor to the diagnosed cancer or nonmalignant injury. He or she must attach any evidence the physician relied on when making this determination.
For claims accruing on or after May 1, 2007, individuals with mesothelioma are still not required to provide any further prima-facie evidence of a physical impairment. Claimants alleging cancer other mesothelioma must have a board certified internist, pulmonologist, pathologist, occupational medicine physician or oncologist sign a medical report certifying to a reasonable degree of medical probability that the cancer is primary cancer, exposure to asbestos was a substantial contributing factor to the cancer and that other potential causes like smoking were not the sole or most probably cause of injury.
For non-malignant injuries, a healthcare provider that meets the same credentials as described above must sign a medical report that says the exposed person suffers from a nonmalignant asbestos injury. Additionally, he or she must verify the doctor signing the report is employed by and under the direct supervision and control of the doctor who has taken or is relying on a detailed occupational and exposure history and a detailed medical and smoking history. He or she must also assert that it has been at least 15 years since the initial asbestos exposure and the diagnosis date. The medical professional must also verify that the individual has had a chest X-ray taken and that it meets certain criteria or a pathology sample that meets certain criteria. Additional medical requirements may be necessary, depending on the type of injury.
If this evidence is not provided, the case can be dismissed without prejudice. No discovery can begin until this evidence is provided.
Statute of Limitations
The statute of limitations is the time limit in which a party must file a lawsuit. In Georgia, the statute of limitations for an asbestos claim resulting in personal injury is two years from the date when a claimant through the exercise of reasonable diligence should have obtained the prima-facie evidence of physical impairment as described above. If the asbestos exposure resulted in someone’s death, his or her estate has two years from the date of death to file the claim.
Successor Liability
Georgia law caps the potential liability of a company that acquired a business with asbestos liability to the market value of the acquired company’s assets at the time of acquisition.
Georgia Asbestos Trust Funds
The first asbestos lawsuits began in the 1980s after claimants discovered the dangers of asbestos exposure. From that time, there have been thousands of lawsuits against manufacturers and employers who were negligent in exposing individuals. These lawsuits often exposed defendants to millions or billions of dollars of liability. Very often, these companies were forced into bankruptcy after being sued by many plaintiffs.
As a result of these bankruptcies, some of these companies established well-funded trust funds to help pay claims for injured claimants. While Georgia does not have any companies with trust funds headquartered or the trusts administered in the state, many of the companies with such funds had operations that spanned across the nation. A Georgia mesothelioma lawyer can discuss whether any of these trusts may be available for your case. If trust funds are available, you may be able to file a claim with the trust rather than having to go through the full extent of litigation.
Georgia State Asbestos Regulatory Agencies
The Land Protection branch of the Georgia Environmental Protection Agency was previously responsible for regulating asbestos use until 2009. The federal EPA is now tasked with this responsibility. Georgia Code, Title 12, the Asbestos Safety Act promulgates regulations for the removal of asbestos. Before removing asbestos or encapsulating friable asbestos-containing materials, contractors must obtain a license if it involves more than 10 feet of asbestos material. Additionally, contractors must provide written notice of an asbestos abatement project at least seven days before beginning the work.
Georgia Asbestos Exposure Site List
Some military, workplace and areas with naturally-occurring asbestos associated with a higher likelihood of exposure in Georgia include:
- Fort Benning Army Base – Columbus
- Fort Stewart – Fort Stewart
- Fort McPherson – Atlanta
- Hunter Army Airfield – Fort Stewart
- United States Naval Reserve Aviation Base – Chamblee
- Robins Air Force Base – Warner Robins
- Atlanta Army Depot – Forest Park
- Sall Mountain Asbestos Company – White County
- Savannah Shipyard – Savannah
- Brunswick Shipyard – Brunswick
- Bowen Power Plant – Cartersville
- Rome Power Plant – Rome
- Macon Power Plant – Macon
- Waynesboro Power plant – Waynesboro
- Georgia Power Company – Atlanta
- Hatch Nuclear Power Plant – Baxley
- Jekyll Island Historical Power Plant – Jekyll Island
- Western Electric – Rossville
- Babcock-Wilcox Plant – Folkston
- Young Refining – Douglasville
- Georgia Pacific – Augusta
- Lawrenceville High School – Lawrenceville
- Amicalola State Park – Dawsonville
- McCoy Mine – Dillard
Georgia Asbestos Verdicts and Settlements
When Georgia reformed its asbestos laws in 2005, there was a significant decrease of cases. One judge saw a caseload of 1,200 cases fall to about one dozen cases because claimants could not meet the new stringent requirements and the law was applied retroactively. One of the state’s largest manufacturers and a world-leading manufacturer of tissues, paper and packaging products, Georgia-Pacific, faced hundreds of thousands of lawsuits. Approximately 290,000 claims were filed against the company which used a compound including asbestos in many of its products. The company set aside $665 million to pay for claims through 2012. Other noticeable Georgia verdicts include the following that range from $4 Million to $17 Million gathered from public news sources handled by unaffiliated law firms:
- $4.2 million – A trial judge awarded an independent contractor who worked as a sheet metal worker approximately $4.2 million in 2016. However, the Georgia Supreme Court recently reversed the judgment due to finding expert witness testimony did not establish the necessary causation.
- $5 million – A Chatham County case delivered a $4,993,550.16 verdict on June 13, 2016 for a mesothelioma victim.
- $17 million – In 2015, a Florida jury delivered a verdict against Georgia-Pacific for $17 million after finding the company responsible for a construction worker’s cancer, awarding him $13 million and his wife another $4 million.
- $10.5 million – In July of 2010, the jury returned a $10.5 million verdict for a mesothelioma victim.
Georgia Mesothelioma Law Firms
Our mesothelioma lawyers may work with several Georgia law firms that provide representation in mesothelioma and asbestos cases, including the following:
- A law office centrally located in Atlanta which primarily focuses on personal injury cases. The firm has received state and nationwide recognition for its exemplary delivery of legal services. Its attorneys are practicing trial lawyers familiar with the state’s stringent guidelines and court procedures.
- A full-service law firm that provides guidance, education and advocacy for clients. They provide resources to links to mesothelioma specialists, so that you can make informed decisions about your treatment. The attorneys are knowledgeable about the various sites where Georgia residents could have been exposed to asbestos. They have a proven track record of success, including obtaining the largest asbestos verdict in Georgia.
- An Atlanta-based law firm that represents clients throughout the nation. Its attorneys have secured more than $500 million in verdicts and settlements for their clients.
- A firm based in Atlanta that serves clients throughout Savannah, Albany, Athens, Augusta and the state of Georgia. It also represents individuals in other states. The firm was established decades ago and has obtained over compensation for mesothelioma victims. Its attorneys are very knowledgeable about the cause of asbestos and focuses its asbestos practice on employment cases. It can also pursue compensation for victims of second-hand exposure.
- A mesothelioma law firm that has offices in Georgia, South Carolina and North Carolina. Its attorneys launch a full investigation to determine the likely cause of exposure and track down those individuals who are responsible for clients’ injuries. It assists mesothelioma victims with pursuing personal injury, wrongful death and workers’ compensation claims. It has achieved multiple multi-million awards for victims.
