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A likely point of contact with asbestos for many individuals in Michigan is in the automobile industry. Michigan, and Detroit specifically, has historically been home to some of the largest automotive manufacturers in the country. Asbestos was commonly found in brake pads, clutches, gaskets, electrical systems, spark plugs, transmission components and other automotive parts. Asbestos has been found at some large automotive manufacturing plants. Factory workers who assembled these products could have been exposed to asbestos. Additionally, mechanics and other workers around these vehicle parts could have been exposed to this dangerous substance.
In addition to the automotive industry, many other industries relied on asbestos due to its heat and chemical resistance properties, including oil refineries, power plants, chemical plants, industrial mills and military facilities. Pipefitters, construction workers, factory workers, electricians and mechanical engineers are just a few of the occupations that were at an increased risk of developing asbestos-related health conditions.
Asbestos was also commonly used in the construction of public buildings, commercial buildings and private residences. When these properties are renovated or demolished, dangerous asbestos may come dislodged.
Quick Links:
Michigan Asbestos Regulatory Agencies
Michigan Asbestos & Mesothelioma Statistics
Michigan Laws Concerning Asbestos
Michigan Statute Of Limitations
Michigan Asbestos Trust Funds
Michigan Mesothelioma Verdicts and Settlements
Michigan Asbestos Exposure Site List
Michigan Mesothelioma Law Firms
Michigan Mesothelioma Diagnoses
Michigan is reportedly ranked 10th in the country for the number of mesothelioma and asbestosis diagnoses. There have been more than 1,836 mesothelioma diagnoses in Michigan between 1999 and 2013. The Detroit area and other highly-populated counties like Wayne, Oakland and Macomb Counties have a higher incidence of these illnesses. Each of these counties reported more than 100 diagnoses stemming from these diseases between 1979 and 2001.
Between 1999 and 2013, at least 517 Michigan residents were diagnosed with asbestosis and at least another 5,916 others were diagnosed with non-mesothelioma lung cancer. Respiratory cancers in Michigan are at an 8-percent higher rate than the average rate across the country.
Most diagnoses have occurred in the following locations: Detroit – Grand Rapids – Flint – Ann Arbor – Lansing – Warren – Sterling Heights
Michigan Asbestos Laws
Michigan has a number of laws that may affect claims by mesothelioma victims. These laws impact when a claim must be filed and what the plaintiff must prove.
Statute of Limitations
The statute of limitations is the time limit that a plaintiff must file a lawsuit by. In Michigan, the time limit to file a personal injury claim or wrongful death claim is three years from the time the cause of action accrues. The cause of action accrues in Michigan when the plaintiff knew or should have known that he or she had mesothelioma or another asbestos-related medical condition. Therefore, the cause of action may not occur immediately after exposure. Since it often takes 30 to 50 years from the date of exposure to be diagnosed with mesothelioma and other asbestos-related conditions, this law allows for more time for a victim to file a claim.
Court Exposure Standard
Most asbestos cases are based on state laws related to negligence and strict liability legal theories. Each state establishes the standard that a plaintiff in a mesothelioma case must establish in order to be eligible to receive compensation in a personal injury case. The most common test is the Lohrmann test, which requires showing that exposure to the defendant’s asbestos-containing product was a substantial factor in the victim developing mesothelioma or other asbestos-related condition. Michigan has not said that plaintiffs must meet this test. Instead, Michigan courts have held that plaintiff must show that products manufactured by the defendant were used when the plaintiff worked at the location.
Michigan Asbestos Regulatory Agencies and Regulations
The Michigan Department of Licensing and Regulatory Affairs is primarily responsible for asbestos regulations on the state level. The Construction Safety and Health Divisions’ Asbestos Program is part of this department. It is responsible for ensuring that people who work with asbestos are properly trained and that individuals performing this work comply with applicable rules that protect them and the general public.
The Asbestos Program is primarily responsible for enforcing most of the asbestos regulations in the state. It approves training courses for people performing asbestos-related work. These individuals must complete a designated training course approved by the Asbestos Program. There are different courses for contractors, supervisors, asbestos abatement workers, project designers, inspectors and management planners. Additionally, these individuals must also satisfy asbestos-related work experience requirements in order to receive accreditation in the state. Most workers must be licensed by the Asbestos Program before they can remove or encapsulate friable asbestos. Employers must have workers’ compensation insurance. They must provide notification to the Asbestos Program at least 10 days before performing any non-emergency asbestos abatement projects that exceed 10 linear feet of 15 square feet of friable asbestos-containing materials and must pay a one-percent project notification fee. Emergency projects still require notification but via phone, email or other means.
The Asbestos Program also conducts on-site evaluations of contractor abatement activities to ensure the jobs are being completed correctly and investigate reports of non-compliance. It is also authorized to impose penalties on contractors or other parties who are not in compliance with applicable regulations. It can deny, suspend or revoke contractor’s license. It can also impose fines and other penalties.
The Department of Environmental Quality regulates renovation and demolition projects, landfill requirements and transportation of asbestos waste.
Michigan State Definition of Asbestos
The state defines asbestos as a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.
Michigan Asbestos Site Exposure List
Some of the more prominent locations that have been linked to possible asbestos exposure include the following:
- Consumers Power Company – Bay City, Erie, Essexville
- Palisades Nuclear Power Plant – Muskegon
- Dow Chemical Company – Midland
- DuPont Chemical – Flint
- Wyandotte Chemical Company – Wyandotte
- Kent Castings Company – Grand Rapids
- Detroit Edison Company – Monroe
- Scott Paper Company – Delray
- Great Lakes Steel Corporation – Ecorse
- McClouth Steel – Wyandotte
- Dow Chemical Bay plant – Bay City
- Defoe Shipbuilding Corporation – Bay City
- Ford Motor Company – Dearborn
- Chevrolet Motor Plant – Detroit
- General Motors Corporation – Detroit, Lansing
- GMC Buick Oldsmobile Pontiac – Detroit
- Buick Plant – Flint
- Michigan State University – East Lansing
- Kalamazoo State Hospital – Kalamazoo
Michigan Asbestos Trusts
Many asbestos manufacturers and employers who subjected their workers to asbestos exposure were sued. Some of these companies faced such daunting liability that they filed bankruptcy. A few of these companies established trusts as part of the bankruptcy process. When a trust is available, a claimant can file a claim through the trust without having to go through the entire extent of filing and pursuing compensation through a lawsuit.
One asbestos trust in Michigan is the Federal Mogul U.S. Asbestos Personal Injury Trust. Federal Mogul acquired multiple companies. Some of these companies that were acquired manufactured asbestos products. The company declared bankruptcy in 2001. It reorganized in 2007 and established the personal injury trust to handle claims. The company was headquartered in Southfield, and the trust is administered in Wilmington. The trust is considered active and had estimated funds of $635 million.
Another trust in Michigan is the Motors Liquidation Company Asbestos Personal Injury Trust. This trust was established in 2012 by General Motors after it bought parts containing asbestos that it installed in its vehicles. The company faced lawsuits, filed bankruptcy in 2009, reorganized its debts and transferred lawsuits to Motors Liquidation Company. The company was headquartered in Detroit, and the trust is administered in Newtown, Pennsylvania. This active trust has estimated funds of $625 million.
Michigan Asbestos Verdicts and Settlements
Most mesothelioma cases in Michigan do not make it to the trial stage. Many settle out of court or are dismissed by the court. While there have been many multi-million verdicts against large manufacturers headquartered in Michigan, many of these cases were completed in other states. For example, a New York jury provided a $53 million verdict to a long-time brake mechanic. There were no cases that made it to trial between 1992 and 2009.
In 2009, a Michigan man filed a lawsuit, claiming that he developed asbestosis after being exposed to asbestos from components supplied by the McMaster-Carr Supply Company. The man was awarded $542,000.
In 2018, a Michigan jury awarded $1.8 million to the family of a victim who developed lung cancer after being exposed to asbestos. He worked as a steel worker for 30 years and was diagnosed with lung cancer 15 years after retiring from the job. He died in 2017 at the age of 70. The jury found the company guilty of negligence and wanton misconduct.
Michigan Mesothelioma Lawyers
Some Michigan law firms that may serve as co-counsel include the following:
A law firm with offices in Michigan and is considered a leading Michigan mesothelioma law firm. It has represented mesothelioma victims since 1976, pioneering some of the nation’s first mesothelioma plaintiffs. The firm has represented clients from Detroit, Allen Park, Saginaw and other locations in Michigan. This early involvement helped the firm’s attorneys develop a repository of information regarding asbestos, sources of exposure and mesothelioma. clients.
A law firm where the president was the first attorney in Michigan to file a wrongful death case stemming from asbestos exposure. He was also the first attorney in the state to win a jury verdict in an asbestos-related disease case. The firm handles cases in Michigan as well as throughout the country and the world. The firm focuses on personal injury cases, including asbestos cases, mesothelioma cases, toxic tort litigation, environmental law matters and product liability claims. The team includes an investigator that helps gather information to use in litigation against asbestos defendants.
A law firm located in Farmington Hills with a reputation for diligent client representation. The firm specializes in going head to head against insurance company defense attorneys. The firm offers a no fee guarantee meaning that if there is no recovery, there is no fee. Being native Michigan residents, the firm is familiar with the various worksites and occupations that
A law firm with offices in Oak Park, Southfield and Taylor. They are familiar with Michigan law and the courts in the state. They are experienced litigators that have helped more than one hundred thousand clients. The firm was established in 1969. It has the financial resources necessary to litigate complex asbestos cases and other cases. They can retain experts and bring in investigators to help uncover the potential liability of the defendant. The firm has assisted hundreds of people in Michigan with mesothelioma recover significant verdicts and settlements.
A law firm with offices in Detroit, Ann Arbor, Southfield and Shelby Township. It is a leading personal injury law firm that has received national recognition for its client advocacy. Its firm is familiar with the various types of occupations and jobsites that could have exposed workers and others to dangerous asbestos. The firm has collected millions of dollars on behalf of its clients.
