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North Dakota is one of the lowest-populated states in the country, explaining why it has a much lower asbestos rate of exposure than most other states. Its economy has largely been based off of agriculture. However, this does not make residents immune from being exposed to asbestos. Asbestos was sometimes used in agricultural machinery, sugar mills and brake linings for farm vehicles.
Additionally, the state has common industrial sites like other states, such as power plants. Asbestos is often used in these sites due to its insulating and heat-resistant properties. These plants often contained asbestos in their boilers, furnaces, steam pipes and hot water pipes.
Oil refineries in the North Dakota may have also exposed workers to dangerous asbestos substances. People who work at oil refineries are at an increased risk of asbestos exposure. Because the process involved in converting crude oil into fuel requires extreme temperatures and chemical hazards, asbestos was used to prevent fires.
Many other industries relied on asbestos during the 20th century. Mechanics, boilermakers, carpenters, chemical plant workers, electricians, foundry workers, grinding machine workers, iron workers, machinists, millwrights, plumbers, steamfitters, textile operators, tile setters and welders; all of which have been put at risk for diseases such as mesothelioma and maybe entitled to compensation from a lawsuit or an asbestos trust claim.
Another potential cause of asbestos exposure is natural disasters. Many homes in the state were built before asbestos was regulated and before its hazards were known. When natural disasters strike down homes, asbestos that was sealed behind walls, ceilings and floors can become dislodged. Residents can then breathe in airborne asbestos fibers. The same thing can occur when properties with asbestos-containing materials in them are demolished or renovated.
North Dakota Mesothelioma Diagnoses
North Dakota is ranked 39th in the country for the number of mesothelioma cancer and asbestosis incidents. Between 1999 and 2015, a minimum of 113 North Dakota residents were diagnosed with mesothelioma. Mesothelioma diagnoses are higher in western-central counties such as Dunn, Mclean, Mercer, Morton and Oliver. Between 1999 and 2013, more than 50 North Dakota residents were diagnosed with asbestosis and more than 464 people were diagnosed with non-mesothelioma lung cancer.
The majority of diagnoses occurred in the following cities and towns: Fargo | Bismarck | Minot | Grand Forks | Mandan | Wahpeton | Jamestown
North Dakota Asbestos Laws
North Dakota has a series of laws related to litigating mesothelioma and asbestos exposure cases. These laws determine when a lawsuit must be filed, what the plaintiff must establish in order to be compensated and what the plaintiff must disclose about claims against asbestos trusts.
Statute of Limitations
The statute of limitations is the amount of time that a plaintiff has to file a lawsuit against a defendant in order to prevent the court from barring the claim due to the lapse of time. North Dakota has one of the most generous statutes of limitations for asbestos cases, giving plaintiffs six years from the date of diagnosis to file the claim. If the individual dies from mesothelioma or another asbestos-related medical condition, the family has two years from the date of death to file the claim.
Court Exposure Standard
A plaintiff in a North Dakota asbestos case must be able to establish the link between the defendant’s product, his or her exposure to it and the damages that he or she sustained. The plaintiff may be able to testify and present evidence that establishes how closely and regularly he or she was exposed to a particular product that contained asbestos. He or she must also establish that he or she sustained medical expenses, lost wages or other damages.
North Dakota Asbestos Bankruptcy Trust Transparency Legislation
North Dakota enacted legislation in 2017 that requires plaintiffs in asbestos litigation to disclose their submission of a claim to an asbestos bankruptcy trust. Within 30 days of filing an asbestos lawsuit, the plaintiff must provide a sworn statement that all asbestos trust claims have been filed. Additionally, the plaintiff is required to give the defendant a copy of all trust claim materials, which are admissible as evidence. If the plaintiff fails to provide this information, his or her case can be dismissed. The defendant can request a stay of the proceedings if he or she believes the plaintiff has additional trust claims. If the plaintiff files a trust claim after obtaining a judgment, the judgment can be adjusted by the amount of compensation receives from the asbestos trust. It can also punish the plaintiff for not complying with the legislation.
North Dakota State Asbestos Regulatory Agencies and Regulations
North Dakota is subject to federal regulations and enforcement. On the state level, the North Dakota Department of Health, Asbestos Control is responsible for establishing and enforcing rules related to asbestos. Public and commercial buildings must be inspected for the presence of asbestos before any demolition or renovation occurs in the building. Additionally, residential buildings with more than four dwelling units are regulated by state laws.
The North Dakota Century Code Air Pollution Control statute includes the following definitions related to asbestos:
- Asbestos – The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
- Asbestos abatement – Any demolition, renovation, salvage, repair, or construction activity which involves the repair, enclosure, encapsulation, removal, operation and maintenance, handling, or disposal of more than three square feet [0.28 square meters] or three linear feet [0.91 meters] of friable asbestos material. Asbestos abatement also means any inspections, preparation of management plans, and abatement project design for both friable and nonfriable asbestos material.
- Category I nonfriable asbestos-containing material – Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent asbestos as determined using the methods specified in appendix A, subpart F, title 40, Code of Federal Regulations, part 763, section 1, polarized light microscopy.
- Category II nonfriable asbestos-containing material – Any material, excluding category I nonfriable asbestos-containing material, containing more than one percent asbestos as determined using the methods specified in appendix A, subpart F, title 40,Code of Federal Regulations, part 763, section 1, polarized light microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure or by mechanical forces expected to act on the material.
North Dakota Asbestos Site Exposure List
Most North Dakota residents who are exposed to asbestos experience this exposure via their occupational environment. However, some exposure was due to natural disasters and flooding. Locations associated with possible asbestos exposure in North Dakota include:
- Grand Forks Air Force Base – Grand Forks
- Minot Air Force Base – Minot
- Langdon Missile Site – Langdon
- City of Minot – Minot
- Garrison Dam – Underwood
- Center Power Plant – Center
- Coyote Power Station – Beulah
- Hughes Electric Company – Bismark
- Northern States Power Company – Grand Forks
- Montana Dakota Power Company – Bismark
- United Power – Fargo
- Grand Forks Gas and Electric Company – Grand Forks
- Vermiculite Mines – Center, Minot, Stanton
- Robinson Insulation Plant – Minot
- BP Amoco – Mandan
- Minot Landfill – Minot
North Dakota Asbestos Trusts
Asbestos trusts were formed after companies faced serious liability due to exposing employees, consumers or others to asbestos. Many individuals sued these companies, causing many of them to file bankruptcy. Some of these companies established trusts to manage the claims and pay compensation to injured individuals. If an asbestos trust is available, a claim can be made against it without going through the entire process of litigation.
While there are not any asbestos trusts that are based on companies that are headquartered in North Dakota or administered in the state, individuals in North Dakota may still be able to file a claim with one of these trusts if the defendant’s company was responsible for the individual’s exposure. A North Dakota mesothelioma lawyer can discuss whether a claim can be made against any of these asbestos trusts. Pursuant to North Dakota law, the plaintiff must disclose the filing of a claim with the asbestos trust to the defendant in any lawsuit that is filed against it.
North Dakota Mesothelioma & Asbestos Lawsuits
Even though North Dakota is associated with a lower-than-average mesothelioma mortality rate, several lawsuits have been filed that are predicated on asbestos exposure and illegal handling of asbestos in the state. Public reports involving unaffiliated law firms show the following:
In 1997, a North Dakota jury awarded a considerable dollar verdict to a man who had worked as a boiler worker at Minot Air Fore Base between 1959 and 1985. During this time, he breathed in asbestos fibers from products manufactured by the defendant. These products included block insulation and pipe covering. The amount was later reduced after the case was appealed.
The Hebron Public School District filed a lawsuit against United States Gypsum Co. for the cost of removing ceiling plaster from two of its school buildings that contained asbestos. The school district alleged that it was not informed the material had asbestos in it. The jury awarded the school district a hefty amount in compensatory damages. It also awarded an even larger amount in punitive damages.
In North Dakota, violation of asbestos rules can result in criminal liability. For example, the owner of Meide & Son pled guilty to the illegal removal and disposal of asbestos-containing material when renovating sports stores in Wahpeton. He was given a 10-month jail sentence and ordered to pay $200,000 in fines and cleanup costs.
North Dakota Mesothelioma Law Firms
Firms that may become co-counsel in North Dakota who represent mesothelioma and other asbestos-related victims include:
A North Dakota firm that has represented mesothelioma and other victims of asbestos exposure since the early 80’s. For over 30 years, the firm has worked diligently to represent victims and pursue compensation for their injuries. In this time, they have developed a national reputation for client advocacy and have taken on some of the largest companies in the nation. The firm attorneys have helped clients with complex medical conditions, stemming from asbestos exposure, such as pleural plaques and pleural thickening disease.
A Bismark law firm that practices on personal injury cases, including occupational hazards and catastrophic injuries. The attorneys assist clients in North Dakota, South Dakota, Minnesota and Montana. They host a broadcast every week to explain individuals’ rights to them. The firm has yielded several notable results in personal injury cases, including several multi-million dollar awards. They also have a track record of success in tackling oil refinery cases involving personal injury and wrongful death.
