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Nevada has six known deposits of naturally-occurring asbestos throughout the state. Most of these are located in the central and northern parts of the state and away from heavily populated areas in Nevada. The state has a long history of mining. Mining is associated with a much higher risk of asbestos exposure than any other type of job. Several refineries in Nevada received shipments of vermiculite ore that were contaminated by asbestos that originated from Libby, Montana. Workers who handled these shipments could have been exposed to airborne asbestos fibers.
Asbestos was contained in many construction products, including insulation, drywall, glue, paint, fiberboard, roof shingles and tile. Three drywall manufacturers alone were responsible for processing more than 85,000 tons of the contaminated ore from Libby. Construction workers who built historic buildings throughout Nevada or renovated older buildings could have been exposed to asbestos. Many hotels, casinos, residences and businesses were built with materials that contained asbestos. As workers repaired or maintained these buildings, they could have been in direct contact with asbestos causing lung diseases such as mesothelioma and asbestosis.
Asbestos was also included in some of the state’s primary industrial companies. Asbestos was commonly used because of its resistance to heat, chemicals and electricity. Asbestos was often used to insulate equipment and machinery found in factories. Chemical plants in the state could have also exposed unsuspecting workers to asbestos.
If you were diagnosed with an asbestos related disease, contact our law firm to learn more about your legal options for recovering compensation from lawsuits, or trust funds, and insurance claims.
Nevada Mesothelioma Diagnoses
Reports indicate Nevada ranks 34th in the country for mesothelioma and asbestosis diagnoses. At least 280 Nevada residents have been diagnosed with mesothelioma between 1999 and 2015. Clark County, where Las Vegas is located, has the highest incident rates for mesothelioma. Reno and Henderson also have higher rates of asbestos-related diagnoses. Over 94 other Nevada residents have been diagnosed with asbestosis and over 1,032 have been diagnosed with non-mesothelioma lung cancer between the years 1999 and 2013. Cities in Nevada where the majority of diagnoses have occurred are the following:
Boulder City, Caliente, Carlin, Carson City, Elko, Ely, Fallon, Fernley, Henderson, Las Vegas, Lovelock, Mesquite, Paradise, Reno, Sparks, Spring Valley, Wells, West Wendover, Winnemucca, Yerington,
Nevada Asbestos Laws
Nevada ha a series of laws pertaining to asbestos litigation. These laws dictate when a claim must be filed against a defendant, what the plaintiff must be able to establish to be able to prove his or her case and how much damages the plaintiff can potentially receive.
Statute of Limitations
The statute of limitations is the time limit in which a person must take certain legal action in order to prevent it from being time-barred. In Nevada, mesothelioma victims have two years from their diagnosis to file a personal injury claim. If someone dies from mesothelioma or another asbestos-related condition, the family has two years from the date of death to bring forth a wrongful death claim.
Nevada Court Exposure Standard
Asbestos cases are often based on state law. The courts or the legislature may develop specific standards that asbestos claimants must meet in order to be eligible to receive compensation. Each state has different standards. The most common standard for asbestos exposure is the Lohrmann test, which requires the plaintiff to show that the defendant’s product was a substantial factor in the plaintiff’s development of mesothelioma or another asbestos-related disease. Nevada courts require the plaintiff to show an inference of probable exposure to the asbestos-containing product. If multiple defendants are involved in the case, the plaintiff must establish this probable exposure to each asbestos-containing product. The plaintiff may testify about using products frequently during a time period of possible asbestos exposure.
Cap on Punitive Damages
Nevada law caps the amount of punitive damages that a claimant can receive. Punitive damages are damages intended to punish the defendant for intentional or reckless behavior. They are reserved for cases in which the court wants to send a message to the defendant and deter similar conduct in the future. Compensatory damages are those damages that are directly linked to economic losses, such as lost wages or medical expenses.
Nevada law caps punitive damages at $300,000 if compensatory damages are less than $100,000. If compensatory damages exceed $100,000, punitive damages are capped at three times the amount of compensatory damages.
Depending on the type of legal theory that is used in asbestos litigation, these caps may not apply. The cap does not apply in cases involving a manufacturer, distributor or seller of a defective product or a defendant who caused injury by a hazardous material.
Nevada Asbestos Regulatory Agencies
The Nevada Division of Environmental Protection is primarily responsible for implementing and enforcing regulations regarding asbestos. Clark County projects must follow the directions of the Department of Air Quality. The state defines asbestos as: “asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; or actinolite.
Nevada Asbestos Site Exposure List
Several sites across Nevada have been associated with possible asbestos exposure. This includes military installations, casinos, hotels, worksites and other locations where workers, consumers or others may have been exposed to dangerous asbestos. Some of the most notable sites include:
- Nellis Air Force Base – Las Vegas
- Stead Air Force Base – Reno
- Laughlin Air Force Base – Laughlin
- Bally’s Casino – Las Vegas
- Binion’s Horseshoe – Las Vegas
- Caesar’s Palace – Las Vegas
- Landmark Hotel and Casino – Paradise
- Las Vegas Hilton Hotel – Las Vegas
- Las Vegas Sands Hotel – Las Vegas
- MGM Grand Hotel – Las Vegas
- Stardust Hotel Casino – Las Vegas
- Tam O’Shanter Motel – Las Vegas
- Vagabond Inn – Reno
- S. Gypsum Company – Gerlach, Empire
- Pabco Gypsum/Johns Manville – Apex, Las Vegas
- Flintkote Company Gypsum Products Division – Arden, Blue Diamond
- Overton Refinery – Overton
- Atomic Energy Commission – Nye County
- Atomic Test Site – Mercury
- Clark County Power House – Las Vegas
- Nevada Energy – Las Vegas
- Nevada Power Company – Las Vegas
- Valmy Powerhouse – Valmy
- Desert Peak Power Plant – Reno
- Dixie Valley Power Plant – Reno
- Reid Gardner Power Plant – Moapa
- Reynolds Electric – Mercury
- Sierra Pacific Power Company – Sparks
- Fort Churchill Generating Station – Wabuska
- Southern Nevada Public Service – Las Vegas
- Blue Diamond Sheet Rock – Blue Diamond
- Southern Pacific Company – Fallon
- Union Pacific System – Las Vegas
- Montrose Chemical Corporation – Henderson
- Stauffer Management Company – Carson
- Reno Feed and Seed – Reno
- Foreland Refining – Ely
- Manganese Ore Corps. – Royson
Nevada Asbestos Trusts
Asbestos companies and employers who used asbestos often faced hundreds or thousands of lawsuits from people who claimed that they were responsible for these individuals developing mesothelioma or other asbestos-related medical conditions. Many of these companies were forced into bankruptcy after facing such daunting liability. Some of them established asbestos trusts that provided compensation to claimants for the damages that they suffered. If an asbestos trust is available, an injured party can make a claim against it without having to go through the entire process of litigation.
One such asbestos trust that is administered in Nevada is the J.T. Thorpe Settlement Trust. J.T. Thorpe produced refractory and insultation products that contained asbestos. This caused employees and consumers to be exposed to asbestos fibers. Many lawsuits were filed against the company, resulting in it declaring bankruptcy in 2002. The company established the trust with estimated funds of $141 million in 2006. The company is headquartered in California, but the trust is administered out of Reno, Nevada. Since its inception, the trust has handled more than 4,500 claims.
Another asbestos trust administered in Nevada is for a business called Plant Insulation Company. The Plant Insulation Company Asbestos Settlement Trust was established in 2012, following the company’s bankruptcy in 2009. It has estimated funds of $242.8 million.
The Western Asbestos Settlement Trust is the largest asbestos trust administered in Nevada with estimated funds of $2 billion. Western MacArthur is an HVAC company headquartered in St. Paul Minnesota. The company used asbestos in its insulation and walling products. It declared bankruptcy in 2002 and was restructured in 2004 with $2 billion. The trust has paid more than $1.1 billion in claims.
Nevada Mesothelioma & Asbestos Lawsuits
Nevada has seen a few asbestos cases make it to trial. According to public news reports involving unaffiliated law firms, the following cases are of special significance:
In one notable case, a maintenance supervisor sued Harrah’s Las Vegas Hotel and Casino in 2009 where he formerly worked. He alleged that his employer exposed him to asbestos and never warned him of the risks. He claimed the casino knew that asbestos was in the ceilings of the hotel and did not inform the workers of this fact until they had renovated eight floors of guest rooms. The man had tested positive for asbestos when completing medical screenings and worried his daughter’s respiratory conditions were also attributed to this exposure. He requested $10 million in damages. The result of this case is unknown.
A former plant operator sued Nevada Power after working for the company for seven years. He filed the lawsuit in 2005, alleging that he was exposed to asbestos when he supervised plant shutdowns. The case settled for $2 million.
Nevada has also seen its share of litigation and enforcement regarding violations of environmental laws. In 2008, the Sunrise Mountain Landfill was fined $1 million for violating the Environmental Protection Agency’s Clean Water Act. The Clark County facility was ordered to correct hazardous waste discharges of up to 14 million pounds a year, resulting in renovations of more than $36 million.
Nevada Mesothelioma Law Firms
Due to the lower than average rate of mesothelioma diagnoses in the state, most personal injury law firms in Nevada do not focus their practice on mesothelioma cases. However, one that does and may become co-counsel includes:
A law firm is located in Las Vegas that takes on mesothelioma cases. It has been in place for several decades. It has been recognized and the firm concentrates its practice on personal injury cases and workers’ compensation. It has successfully secured several high dollar victories for clients who were harmed at the negligent hands of others. These Nevada attorneys understand the state laws and court rules and are familiar with filing requirements within the state.
