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Maine has 22 known areas where asbestos naturally occurs. Most of these locations are in Franklin and Somerset counties. Some people could have been exposed to these deposits, however research shows the development of mesothelioma and related conditions is likely from a workplace environment. Asbestos was not actively mined in the state, but there is an asbestos mining prospect in an area that has a higher than average asbestos-related disease rate. The northern borders of Maine are near Quebec, Canada, where asbestos mines were operated for many decades.
Maine is known for its profitable shipbuilding industry. While this industry has been a hub for economic development in the state, this industry is considered one of the most dangerous ones in the country for potential exposure to asbestos. This material was often used to build and operate vessels because of its flame, chemical and fire-retardant properties. This material was often used in many components of ships, including the boiler and the insulation. As a coastal state, Maine has many shipyards where workers may have been exposed to asbestos.
Military members could have been exposed to asbestos. This material was often included in buildings and bases, as well as in navy vessels.
Maine also has many paper mills, another area associated with possible asbestos exposure. Asbestos was often found in paper mill equipment, such as drying machines and sandpaper backing. The material was used to prevent overheating.
Other industries associated with increased risks of exposure include power plants and iron foundries. Power plant workers often worked around machinery and equipment insulated by asbestos. Turbines, generators, gaskets, valves and pumps were often covered with this dangerous material. Metal workers often worked directly with asbestos, which was used as a spray on these products to make it more durable. Additionally, protective equipment like gloves and jackets often had asbestos in them. If you or someone close to you was diagnosed with mesothelioma, you may be entitled to compensation from trust fund or a claim. Our lawyers handle cases nationwide.
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Maine Asbestos Regulatory Agencies
Maine Mesothelioma Diagnoses
Maine Laws Concerning Asbestos
Maine Statute Of Limitations
Maine Asbestos Trust Funds
Maine Mesothelioma Verdicts and Settlements
Maine Asbestos Exposure Site List
Maine Mesothelioma Law Firms
Maine Mesothelioma Diagnoses
Maine reportedly has the highest mesothelioma diagnosis rate in the nation with at least 17 deaths per million people annually. From 1999 to 2015, more than 381 Maine residents were diagnosed with mesothelioma. Sagadahoc, Lincoln, Waldo and Washington Counties were among the top 50 counties in the United States with the highest mesothelioma incidence rates from 2000 to 2009. Additionally, at least 225 people were diagnosed with asbestosis and another 1,440 were diagnosed with non-mesothelioma lung cancer between 1999 and 2013.
Maine Asbestos Laws
Maine has a variety of laws related to asbestos and mesothelioma claims. These laws dictate what a plaintiff must prove and when he or she must bring forth a claim. They also define asbestos and establish the authority of a state agency to regulate asbestos use and removal.
Court Exposure Standard
Each state has a different standard of proof required in asbestos cases. This standard determines what the plaintiff must prove to establish the causal link between the defendant’s product and the worker’s exposure to asbestos. The most common standard that states use is the Lohrmann test, which requires showing that the asbestos exposure was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related medical condition. The plaintiff must usually show this by proving that the frequency, proximity and regularity of the exposure resulted in the client’s condition. This test can be difficult to meet. Maine courts have rejected this test for a lower threshold. In a Maine case, the plaintiff must demonstrate that the defendant’s product was the workplace, the produce contained asbestos and the plaintiff had personal contact with it from the defendant’s product. Once these elements are met, the jury can determine if the plaintiff’s exposure was a substantial factor in causing damages.
Statute of Limitations
The statute of limitations is the time limit by which a lawsuit must be filed. Different states use different statutes of limitations. Some states have a very small window to file claims and only give victims one year from their diagnosis to pursue the case. Maine offers a much more generous six years for victims to bring forth their case after being diagnosed with mesothelioma or another asbestos-related condition. If the victim dies from the disease, the family has six years from the date of death to file a wrongful death lawsuit.
Maine Asbestos Regulatory Agencies
Maine has the Maine Department of Environmental Protection that regulates asbestos on the state level. The state has laws regulating asbestos. These laws define asbestos as: a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered.
These laws require that any asbestos removal be completed by a professional who is licensed and certified in Maine. The contractor must take a particular training course to receive this certification. If an area contains more than three square feet of asbestos materials, the owner must provide proper notification to the state at least 10 working days before the project is started.
There are also laws regarding the transportation of asbestos, which are regulated by the Department of Environmental Protection. Asbestos waste must be transported by a DEP-licensed non-hazardous waste transporter and taken to a landfill approved to accept friable asbestos. Non-friable asbestos waste that is removed as a whole piece can be disposed of at a local landfill.
Maine Asbestos Site Exposure List
Maine has several job sites where asbestos exposure is documented and locations that have been declared superfund sites. Some of the more notable military operations, employers and manufacturers include the following:
- Brunswick Naval Air Station – Brunswick
- Dow Air Force Base – Bangor
- Loring Air Force Base – Limestone
- Portsmouth Naval Shipyard – Kittery
- New England Shipbuilding Corporation – Portland
- South Dry Dock and Repair Company – Portland
- Yankee Nuclear Power Plant – Wiscasset
- Central Main Power Plant – Lewiston
- New England Insulation Company – Bangor
- Bath Iron Works – Bath
- Sanford Sheet Plant – Sanford
- Union Chemicals Company – South Hope
- Great Northern Paper Company – Lincoln
- International Paper Company – Androscoggin
- Oxford Paper Company – Portland, Rumford
- Rumford Paper Mill – Rumford Falls
- Georgia Pacific Paper Mill – Woodland
- Sanford Textile Mill – Sanford
Maine Asbestos Trusts
After exposing many people to dangerous asbestos, many companies faced daunting liability once the dangers of asbestos exposure were known. Many workers, consumers and bystanders filed lawsuits against companies that manufactured asbestos-containing materials. As a result, many of these companies were forced into bankruptcy. Some of them set up trusts with substantial funds to process claims for current and future claimants. These trust funds currently have over $30 billion in them.
When a bankruptcy trust is available, a claimant can file a claim through the bankruptcy trust. After providing certain information, the claim can be approved, and the claimant can receive compensation. This process is often much faster than trying to file a new lawsuit against the company. There are no businesses that were headquartered in Maine or that are administered in Maine. However, Maine residents may have a valid claim against a trust administered in another state if the company they worked for or had a claim against has a trust of this nature established. A Maine mesothelioma lawyer can explain if you have a claim against a company with an asbestos trust.
Maine Asbestos Litigation
Most asbestos litigation does not get to the jury level. Most of the results of mesothelioma cases are unknown. Lawyers may help settle these cases on behalf of their clients. Others may be able to receive compensation through bankruptcy trusts.
Public news has revealed a landmark asbestos lawsuit handled by unaffiliated lawyers in Maine involved a man who had painted pipes after asbestos insulation was applied to the pipes. The man died to mesothelioma in 1977 and his wife filed a wrongful death lawsuit against 16 manufacturers who mad asbestos-containing materials in their products that she alleged her husband was exposed to during his career. All except two of the defendants settled outside of court. The trial judge did not allow all of the plaintiff’s claims to be alleged because the products containing dangerous asbestos were sole before Maine passed a products liability law in 1973. The trial was held in 1981, where the jury held that the companies were negligent but so was the worker for not wearing a respirator, so his claims were barred. However, the United States Circuit Court of Appeals ordered a federal judge to review the case and he ordered a retiral. The result was the original claims were allowed to be tried and resulted in a substantial verdict for the widow.
Maine Mesothelioma Lawyers
Maine has several lawyers who primarily focus on mesothelioma and asbestos claims who may become co-counsel. Some of these firms include:
A law firm located in Topsham established in 1976 and currently consist of a talented team of lawyers. They are experienced litigators who have argued cases in front of the United States Court of Appeals and the Maine Supreme Court. They work on asbestos-related disease cases, as well as maritime cases and workers’ compensation claims. They are familiar with the harm asbestos caused, including secondhand exposure of loved ones. They are nationally recognized for their knowledge and expertise.
A law firm with offices in central and eastern Maine. They focus primarily on personal injury law and represent mesothelioma victims and their families. Their attorneys have over decades of experience. The attorneys have taken many cases to jury trial, many of which have resulted in significant verdicts for their clients. They have been involved in thousands of bench trials and hearings. The firm is committed to helping get a favorable outcome and works in alternative dispute resolution, including mediation and binding arbitration. The firm also uses cutting edge legal technology and advises other firms.
A law firm that is located in Portland and serves as a plaintiff-only injury firm. Asbestos litigation is one of its core practice areas. Although the firm is based in Maine, its lawyers have prosecuted cases in many states. This has allowed them to develop close relationships with other professionals throughout the country, which they sometimes bring in to provide additional resources to the case. They have worked on high-profile cases involving mass torts and multi-district litigation.
