There are no known naturally-occurring asbestos deposits in Kentucky. Exposure to asbestos was due primarily from occupational presence of asbestos products that were used in a variety of industries due to the mineral’s ability to resist heat, caustic chemicals, electricity and fire. Sheet metal workers, railroad workers, plumbers and rail year workers were at an increased rate of exposure of asbestos. Kentucky has a network of manual labor jobs, which has been linked to a higher incidence rates of mesothelioma and asbestosis.
Asbestos was often used in chemical plants because of its ability to resist chemicals. Many plants used crocidolite in these plants, which is considered the most lethal type of asbestos. Power plants also widely used asbestos. This material often helped reduce the risk of fire or explosions. Asbestos was commonly used to protect workers and equipment in these plants. Power plant workers could have been exposed to dangerous asbestos. Similarly, workers in oil refineries may have been exposed to asbestos that was used to fit equipment in these refineries due to its durable nature.
Additionally, workers in fields of mining metal works and construction were at an increased risk due to the state receiving more than 170,000 tons of asbestos-contaminated vermiculite from Libby, Montana. The state continued to receive these shipments until the mid-1990s.
Asbestos was also commonly used in a variety of construction materials, including floor tiles, roofing materials, insulation and joint compounds. Older buildings that were constructed with these materials put those in the area at risk when they are demolished or renovated. For example, a grocery store in Danville that was scheduled to be demolished in 2006 was found to have asbestos in a floor tile adhesive. The city had to pay $10,000 to abate the store. Then, it had to pay $15,000 to abate the city hall when its boiler room was found to have asbestos in 2008. If you or a loved one was diagnosed with mesothelioma, its important to contact our lawyers today to explore legal options such as filing a claim. We handle cases nationwide.
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Kentucky Asbestos Regulatory Agencies
Kentucky Mesothelioma Diagnoses
Kentucky Laws Concerning Asbestos
Kentucky Statute Of Limitations
Kentucky Asbestos Trust Funds
Kentucky Mesothelioma Verdicts and Settlements
Kentucky Asbestos Exposure Site List
Kentucky Mesothelioma Law Firms
Kentucky Mesothelioma Diagnoses
Kentucky is right in the middle of the country in terms of mesothelioma and asbestosis diagnoses. Reports show it is ranked 25th in the nation. From 1999 to 2015, at least 490 Kentucky residents were diagnosed with mesothelioma. Greenup County has an age-adjusted mesothelioma incidence rate of about 33 people per million, making it one of the top 50 counties in the country with the highest incidence rates. Additionally, more than 172 Kentucky residents were diagnosed with asbestosis and more than 1,776 were diagnosed from non-mesothelioma lung cancer between 1999 and 2013.
The majority of mesothelioma cases have occurred in the following KY locations:
Louisville | Lexington | Owensboro | Covington | Georgetown | Richmond | Bowling Green
Kentucky Asbestos Laws
Kentucky has a series of laws related to the use and removal of asbestos, as well as laws that dictate important information about filing claims for asbestos-related damages. These rules impact when a claim must be filed and what the plaintiff must prove in order to recover.
Court Exposure Standard
In order for mesothelioma victims to be able to receive compensation for the damages that they have sustained, they must be able to link their exposure to the defendant’s product or conduct. Different states have adopted different tests that claimants must meet in order to establish this link in causation. One of the most popular standards is the Lohrmann test. In this test, the claimant must show that the defendant’s conduct or product is a substantial factor in causing harm. This is the test that is used in Kentucky asbestos cases. Kentucky courts have interpreted this standard to mean that the plaintiff must be able to show that the defendant’s action is a probable cause of exposure, not only a possible cause. A substantial factor can be established by showing other factors that contributed to the harm and their extent in producing it in comparison to the defendant’s conduct. Plaintiffs may have to quantify the amount of exposure that they had to asbestos-containing products. They may also need to show the extent of the exposure and the actions that led to it.
Kentucky Statute of Limitations
The statute of limitations is the time limit by which a claimant must file a lawsuit in order to preserve his or her right to receive damages in the case. Different states have different statutes of limitations for asbestos cases. While some states offer more generous seven year or three-year statutes of limitations to bring a claim for asbestos-related exposure after receiving a diagnosis of mesothelioma or other condition, Kentucky only allows one year for claimants to bring a claim. This means that within one year of being diagnosed with mesothelioma, a person must file a lawsuit against the defendant in order to possibly recover damages. The same one-year time limit applies if the victim died from mesothelioma and the family brings a wrongful death lawsuit. Because of this strict deadline, it is imperative that mesothelioma victims in Kentucky quickly contact a Kentucky mesothelioma lawyer after receiving a diagnosis.
Kentucky State Asbestos Authorities and Regulations
Kentucky has adopted the federal standards of the National Emissions Standard for Hazardous Air Pollutants. The state has empowered the Kentucky Energy and Environment Cabinet, Department for Environmental Protection to prepare a comprehensive plan related to the environment of the state, encourage industrial and community development on the best usage of land areas, conduct a comprehensive program for the management of air, water and land resources, prevent, abate and control all contaminants to water, land and air and to inspect areas of pollution or contamination. This department enforces the state’s asbestos regulations. There are separate regulations as provided by the Louisville Air Pollution Control District.
It also adopts the Occupational Safety and Health Administration’s asbestos regulations, which are carried out by the Kentucky Labor Cabinet, Department of Workplace Safety. This agency administers the workplace safety and health rules for asbestos in private workplaces, as well as in the public sector. There are specific rules related to work practice requirements when renovating or demolishing buildings that contain asbestos.
Individuals who are preforming activities related to asbestos in schools, public buildings or commercial buildings must be accredited pursuant to Kentucky law. Individuals who remove asbestos-containing materials must apply for certification before performing this activity. There are also standards for safely disposing of asbestos materials.
Kentucky State Definition of Asbestos
The Louisville Air Pollution Control District defines asbestos as “a group of fibrous minerals (primarily chrysotile, amosite and crocidolite) that have long been used as fireproof insulation and as a strengthener in pipe insulation, roofing tiles, floor tiles, wall coverings and other materials.”
Kentucky Asbestos Site Exposure List
Notable sites that may have exposed individuals to asbestos throughout Kentucky include the following:
- National Southwire Aluminum Company – Hawesville
- Owensboro Municipal Utilities – Owensboro
- Paradise Power Plant – Paradise
- Sandy Power – Louisa
- Texas Gas Transmission Plant – Paducah
- Louisville Gas & Electric Plant – Louisville
- Burnside Power Plant – Lexington
- Marathon Refinery – Ashland
- Ohio Foundry and Manufacturing – Louisville
- Owens-Corning Fiberglass Corporation – Lexington
- University of Kentucky Hospital – Lexington
- Ballard Elementary – Jefferson
- Carroll County High School – Carrolton
- Murray State University – Murray
- Eastern Kentucky University – Richmond
- Georgetown College – Georgetown
- John Graves Memorial Hospital – Georgetown
- General Electric – Louisville
- General Motors – Bowling Green
- IBM – Lexington
- Alcoa Aluminum – Hawesville
- Ashland Oil – Ashland
- Ashland Steel – Ashland
- Atomic Energy Commission Plant – Paducah
- F. Goodrich – Calvert
- DuPont Chemical – Louisville
- Florida Tile – Erlanger
- Illinois Central Railroad
- Louisville Chemical Plant – Louisville
- Armco Steel – Ashland
- DuPont – Louisville
- Reynolds Metals – Louisville
Kentucky Asbestos Trusts
The risk of asbestos exposure began being widely understood in the 1970s when the Environmental Protection Agency began to implement rules and regulations regarding asbestos use. However, by this time, many individuals had already been exposed to this dangerous substance, some for multiple decades. As a result, many individuals developed mesothelioma and other asbestos-related diseases. Workers, military members, consumers and bystanders began to sue the companies responsible for exposing them to this dangerous substance. As a result, many of these companies were driven into bankruptcy. Some of these companies established special asbestos trusts funded with billions of dollars to compensate victims for the damages they sustained. If a trust is available based on a person’s particular exposure, the claimant can file a claim with the trust without having to go through the rigors of a trial. While there are no known asbestos trusts established by companies incorporated in Kentucky or administered in Kentucky, many companies that formed the trusts had a national presence. A Kentucky mesothelioma lawyer can explain if compensation may be available through one of these trusts.
Kentucky Mesothelioma & Asbestos Related Verdicts and Settlements
Many asbestos cases throughout the country are settled out of court for an undisclosed amount of money. Some of the notable verdicts in Kentucky listed below range from $2.5 Million to $35.7 Million, were reported in the public news and handled by unaffiliated law firms include:
- The family of a man diagnosed with asbestosis after he was exposed to asbestos in Muhlenberg County received an enormous verdict.
- A Kentucky resident was awarded a gigantic sum after a trial in 2011. The man served in the Navy for 28 years where he was exposed to asbestos while working on Navy ships. He had worked in boiler rooms, fire rooms and in feed tanks during his career. He later develop pleural mesothelioma. The jury found the defendant “grossly negligent” and provided the award to his family and estate.
- A man who had served in the Navy machinist and then at the American Synthetic Rubber Company in Kentucky was awarded a huge amount of compensation by a Philadelphia jury. He developed malignant mesothelioma and later passed away from the disease.
- The family of a man diagnosed with mesothelioma recovered nearly $6 million in a verdict against the defendant who was responsible for exposing the boilermaker and machine repairman to asbestos.
- A woman was diagnosed with malignant mesothelioma after being exposed to asbestos in the tile plant where she worked in Lawrenceburg. Her family received a large verdict.
- A woman who was diagnosed with mesothelioma in June 2004 filed a lawsuit with her husband against several asbestos product manufacturers. General Motors and Pneumo Abex settled with the couple outside of court. The remaining defendant, Vanderbilt, was found to be 70 percent at fault. The jury awarded a sizable amount to the couple.
- A man developed lung cancer due to exposure to asbestos while working as a pipefitter in Marshall County. His family received a considerable verdict.
- The family of a man who was diagnosed with malignant mesothelioma recovered a substantial amount of compensation after the man was exposed to asbestos-containing products through his job in Jefferson County.
Kentucky Mesothelioma Lawyers
There are several lawyers in Kentucky that may become co-counsel on asbestos and mesothelioma cases. Some Kentucky law firms that take on these cases include:
A law firm that is located in Louisville. Its attorneys are familiar with the various industries and occupations in the state that are associated with asbestos exposure. The firm’s attorneys have experience in handling complex mesothelioma, asbestos exposure and toxic tort cases. The firm has acquired millions of dollars in verdicts and settlements for mesothelioma victims, including several multi-million dollar verdicts and settlements. It represents Kentucky residents as well as other clients throughout the country.
A law firm that has locations in Lexington and Louisville. It has helped many clients recover compensation through jury trials, settlements and bankruptcy trust claims, resulting in millions of dollars of recovery for clients. The firm has helped resolve over a thousand claims through bankruptcy trusts, including millions in recovery from just this source. The firm is nationally recognized and known for its many high-profile cases against international conglomerates and the government. Attorneys work in mas tort and multi-district litigation cases across the United States.
A law firm based in Kentucky with principal office location in Paducah. It has a robust team of lawyers and support staff who diligently pursue compensation on behalf of personal injury victims. To date, the firm has represented thousands of victims who suffer from mesothelioma and other asbestos-related diseases. It has continued to serve as a pioneer in personal injury cases and has received national attention for its results.
A law firm with three locations throughout Kentucky, with a great reach to clients throughout the state. The firm’s attorneys have extensive knowledge regarding the types of occupational uses of asbestos and who may have been exposed to this dangerous substance. The firm’s attorneys are seasoned negotiators who will fight for maximum compensation for a claim through an early settlement. Its mission is to get clients a fair settlement out of court.
