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North Carolina has 49 sites of natural asbestos deposits, most of which are located in the western part of the state by the Appalachian Mountains. Mines in the state were a major source of asbestos-contaminated talc. Additionally, a vermiculite refinery in North Carolina received 150 shipments of material from Libby, Montana, believed to contain asbestos-contaminated vermiculite. The company continued to process this material until 1987. At leas 10,000 tons of the contaminated material was processed, exposing workers to the mineral and putting them at risk for inhaling airborne asbestos fibers. Workers processed the material when producing paints, plastics and construction materials.
Another potential source of exposure of asbestos in North Carolina is military work. The state has three large military bases. Many buildings at these bases could have contained asbestos. Asbestos is known to have been used in military installations and air force bases in their floor tiles, roofing materials, joint compound, boiler gaskets, floor tile mastic and thermal insulation. Asbestos was used in many military base training facilities and barracks. Former members of the military could have been exposed to asbestos through their service to the country.
Steel mill workers in the state were also at an increased risk of exposure. Welders, millwrights and furnace operators all potentially could have come in contact with asbestos. Steel mills used asbestos in a number of applications and in their processes. They also used the material, known for being heat and chemical-resistant in their buildings.
Other industrial jobs also put workers in contact with asbestos which may have caused the development of mesothelioma, and may be grounds for a lawsuit or asbestos trust claim. This material was commonly used in buildings and was used to insulate boilers or the building. Additionally, asbestos was often part of the machines that workers used to produce products.
North Carolina Mesothelioma Diagnoses
North Carolina is ranked 12th in the nation for its number of mesothelioma cancer and asbestosis incidents. Between 1999 and 2015, more than 696 North Carolina residents were diagnosed with mesothelioma. Additionally, more than 690 North Carolina residents were diagnosed with asbestosis, and more than 3,604 were diagnosed with non-mesothelioma lung cancer between the years 1999 and 2013.
The majority of mesothelioma diagnosis occurred in the following cities: Charlotte | Greensboro | Fayetteville | Asheville | Raleigh | Durham | Winston Salem
North Carolina Asbestos Laws
North Carolina has laws that may impact a mesothelioma claim. These laws determine when a case must be filed and what the plaintiff must prove in order to secure recovery.
Statute of Limitations
The statute of limitations is the timeframe when a claim must be initiated in order to prevent it from being time-barred. In North Carolina, a person has three years from the date of diagnosis to file a lawsuit for mesothelioma or another asbestos-related condition in a personal injury case. If the exposure resulted in the plaintiff’s death, the surviving family has two years from the date of death to bring the cause of action.
Asbestos Court Exposure Standard
Many asbestos cases are tried on the state level. Different states have different standards of proof that must be met in asbestos cases. The most common standard is the Lohrmann test, which requires showing that exposure to the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related medical condition. This test usually requires the plaintiff to provide evidence of the frequency, proximity and regularity of exposure to the defendant’s product. North Carolina uses the Lohrmann test.
North Carolina State Asbestos Regulatory Agencies
North Carolina realizes the seriousness of asbestos and has several different agencies that regulate its use and removal. The central unit that is responsible for implementing rules about asbestos and enforcing them is the North Carolina Department of Health and Human Services, Health Hazards Control Unit. This agency is responsible for providing information to the general public about the health risks associated with asbestos exposure, accrediting training providers and courses for asbestos accreditations in the state, accrediting individuals who conduct asbestos management activities in the state and inspecting asbestos abatement and renovation projects to ensure that they are completed in compliance of the law. Other environmental agencies that help on the local level include: Buncombe County: WNC Regional Air Quality Agency, Forsyth County of Environmental Assistance and Protection and the Mecklenburg Land Use and Environmental Services Agency, Mecklenburg Air Quality. The North Carolina Department of Labor is responsible for enforcing regulations involving asbestos in the workplace.
Under the Asbestos Hazard Management Program, asbestos is defined as “the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite and actinolite.”
In North Carolina, asbestos-containing materials can only be inspected and removed by individuals who have been accredited in the state. Before demolishing a building, the Health Hazards Control Unit must be notified of the project at least ten days before starting demolition, even if asbestos is not believed to be present in the building. If asbestos that comprises more than 35 cubic feet, 160 square feet or 260 linear feet is removed, the contractor or owner must submit a permit and pay fees at least 10 days before removing it. Asbestos must be removed before commencing work that would disturb it and must be wet before removal. Any removed asbestos must be disposed of at an approved disposal site. School are responsible for inspecting for asbestos and responding to its presence.
North Carolina Asbestos Site Exposure List
North Carolina workers who worked in chemical plants, factories, schools and military installations could have been exposed to asbestos. Additionally, there are several natural-occurring asbestos deposit sites that could have exposed individuals to asbestos. Some locations where exposure may have occurred include:
- Fort Bragg – Fayetteville
- Camp Grainger – Jacksonville
- Tarawa Terrace – Onslow County
- Seymour Johnson Air Force Base – Goldsboro
- Marine Corps Base Camp Lejeune – Jacksonville
- Methodist College – Fayetteville
- Moses Cone Hospital – Greensboro
- Nucor Corporation – Charlotte
- North Carolina Shipbuilding & Drydock Company – Wilmington
- Southern Vermiculite Plant – Franklin County
- Southern Asbestos – Charlotte
- Bailey Power Plant – Winston-Salem
- Carolina Power & Light Sutton Power Plant – Wilmington
- Duke Power Company Building – Charlotte
- Sutton Power Plant – Wilmington
- Bell Telephone Building – Charlotte
- Westinghouse Turbine Plant – Charlotte
- Cliffside Nuclear plant – Cliffside
- Riverbend Steam Plant – Charlotte
- Cliffside Steam Plant – Cliffside
- Zonolite, Inc. – High Point
- Carolina Wholesale – Sanford
- American Vermiculite Company – Spruce Pine
- Beacon Manufacturing – Asheville
- Frito Lay Inc. – Charlotte
- Gaylord Container Corporation – Raleigh
- Cone Mills Textile Mill – Cliffside
- Burlington Textile Mill – Fayetteville, Greensboro
- Fiber Industries Textile Plant – Shelby
- Pittsburgh Plate Glass Chemical Plant – Shelby
- General Electric – Wilmington
- Dupont Chemical Plant – Wilmington
- Hercules Chemical Plant – Wilmington
- Belews Creek Steam Plant – Winston-Salem
North Carolina Asbestos Trusts
Many companies that manufactured products that contained asbestos in them or that subjected their employees to asbestos in the workplace were sued when the effects of asbestos were realized. Facing hundreds or thousands of lawsuits, many of these companies filed bankruptcy to avoid liability. When these trusts are available, a claimant can file a claim against the trust without having to go through the entire process of litigation.
The National Gypsum Company is headquartered in Charlotte, North Carolina. It filed bankruptcy in 1990 and then reorganized and established the NCC Bodily Injury Trust in 1993. At the time, the trust had 45,000 unresolved asbestos lawsuits. Since being established, the trust has paid out hundreds of millions of dollars in claims. The trust has approximate funds of $347 million.
North Carolina Mesothelioma & Asbestos Lawsuits
North Carolina has seen its share of asbestos litigation. However, few cases make it to trial and a full verdict. Public media reports involving unaffiliated law firms include the following cases:
- Talc suppliers that operated mines in North Carolina were sued. One lawsuit against them resulted in a massive verdict in 2016
- The case was settled for a hefty amount in an asbestos-lung cancer case after the verdict was made in favor of the plaintiff
- A widow of a man who had developed asbestos-related lung cancer received a considerable amount in attendant care benefits to care for her husband.
- A workers’ compensation claim resulted in a sizable award after linking the victim’s colon cancer to asbestos exposure.
Plaintiffs in North Carolina often file lawsuits in other jurisdictions due to more favorable venues and experience by the courts in processing these cases. Additionally, many cases settle before trial for undisclosed amounts.
North Carolina Mesothelioma Law Firms
North Carolina has several lawyers who routinely practice mesothelioma cases and may become co-counsel such as:
A personal injury law firm that has offices in Durham and Charlotte. Its attorneys are very familiar with the types of jobs and industries that put workers at risk of asbestos exposure. They understand complicated issues involving asbestos and can help with all aspects of the claim, including filing claims against asbestos companies that have declared bankruptcy. They can also assist with the process of filing for workers’ compensation due to asbestos exposure.
A personal injury firm that has offices throughout North Carolina and South Carolina, including in Asheville, Charlotte and Wilmington. Cases are assigned to an attorney and case manager. The firm uses a team of in-house investigators to build a case, collect evidence and reconstruct the circumstances surrounding the client’s injury or illness. They also gather witness statements to support the victim’s account and help build a customized strategy around each case.
A Greensboro-based law firm that is familiar with the various types of jobs and industries that placed workers and their families at risk for asbestos exposure. They have a dedicated practice to mesothelioma and have represented hundreds of clients who have asbestos-related diseases. Their attorney’s have more than 20 years’ experience in seeking compensation for individuals who developed mesothelioma and asbestos-related diseases. Additionally, their attorneys are practice in workers’ compensation and veterans’ disability claims.
A law firm where a large portion of the founding attorney’s practice is on asbestos-related claims. He represents mesothelioma and asbestosis victims. He is very familiar with the history of asbestos and asbestosis in the state. He helps clients sue manufacturers who were responsible for the products that caused them to develop serious illnesses and also assists with information and application to benefits such as workers’ compensation or disability. For nearly 20 years, the founding attorney has focused on occupational disease cases.
