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Due to its coastal region, South Carolina has had a thriving shipbuilding industry since the 1930s. South Carolina had several shipyards and drydocks that often used asbestos. This dangerous material was used in the construction of these vessels and many components of these ships. Additionally, South Carolina had naval bases where these ships were ported and repaired, exposing workers to asbestos in the process. Some shipyards provided marine services to build and repair ships during the 20th century. Thousands of South Carolina residents worked on these ships and were exposed to asbestos.
South Carolina also has a prominent military presence in the state. Veterans for all branches of the military were exposed to asbestos. This material was used in brake pads in tanks and other military vehicles.
A major concern for many South Carolina residents is possible exposure that occurred while working in the vermiculite industry. This substance often contains asbestos. There are eight sites of naturally-occurring asbestos in the state that could have asbestos mixed in with vermiculite. Additionally, like many other states, South Carolina received a significant number of shipments from Libby, Montana that contained asbestos-contaminated vermiculite. Even if individuals did not work directly with vermiculite, they may have come into contact with the dangerous substance if their loved one worked around it and brought home airborne asbestos fibers.
Paper mills and plants in South Carolina also commonly used asbestos when manufacturing paper products. Power plant workers may have also been exposed to asbestos found in plant gaskets, pumps, pipe fittings and valve seals.
South Carolina Mesothelioma Diagnoses
South Carolina is ranked 21st in the nation for the number of mesothelioma cancer and asbestosis incidents. Between 1999 and 2015, at least 469 North Carolina residents have been diagnosed with mesothelioma. The coastal counties have the highest rate of mesothelioma incidents in the state. Between 1999 and 2013, more than 372 North Carolina residents have been diagnosed with asbestosis and over 2,012 residents have been diagnosed with non-mesothelioma lung cancer.
The mesothelioma diagnoses have been mostly in Charleston, Columbia, Rock Hill, Greenwood, Sumter, Mount Pleasant, and Greenville
South Carolina Asbestos Laws
South Carolina has specific laws related to when a personal injury claim must be filed, what the plaintiff must prove and what evidence a plaintiff must present in order to substantiate the claim. Some important laws in South Carolina related to asbestos litigation include the following:
Statute of Limitations
The statute of limitations is the time limit by which a party must take legal action to prevent the case from being time-barred. In South Carolina, the time limit to bring a personal injury claim related to mesothelioma or asbestos exposure is three years from the date of diagnosis. If the condition resulted in the individual’s death, the surviving family has three years from the date of death to bring forth a wrongful death lawsuit.
Court Exposure Standard
Many asbestos cases are brought on the state level. Each state establishes its own unique standard regarding what the plaintiff in a mesothelioma case must establish in order to show the causal link between the defendant and the plaintiff’s mesothelioma. The most common standard is the Lohrmann test. This test requires showing that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. South Carolina uses this standard. Its courts have held that a plaintiff must show that there is a proximate cause between the plaintiff’s injury and exposure to asbestos from a particular product. The plaintiff must show the frequency, regularity and proximity of exposure to the product.
State Definition of Asbestos
The state’s definition of asbestos is the same as that included in federal law as “chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.”
Medical Criteria
South Carolina has a specific law that requires asbestos plaintiffs to present certain evidence of the feasibility of a claim before being able to file a lawsuit or conduct discovery. The plaintiff must provide a report by a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology or pathology. The report must state that the individual has been diagnosed with mesothelioma or another asbestos-related malignancy. It must also state that exposure to asbestos was a proximate cause of the condition and other factors were not more probable to have caused the mesothelioma. If the individual has a condition other than mesothelioma, the report must state that he or she has a nonmalignant asbestos-related condition and at least 15 years have passed since the first exposure to asbestos.
There are stricter medical requirements for individuals who have nonmalignant asbestos-related conditions, including having a full medical, smoking and occupational history taken and having certain test results that substantiate the claim.
South Carolina Asbestos Regulatory Agencies
The state agency responsible for implementing and enforcing rules regarding asbestos in the environment and abatement projects is the South Carolina Department of Health and Environmental Control. The South Carolina Occupational and Safety Health Administration is responsible for enforcing asbestos regulations in the workplace.
South Carolina Asbestos Site Exposure List
Some of the more prominent locations associated with possible asbestos exposure in South Carolina include the following:
- Parris Island Marine Base – Parris Island
- Charleston Air Force Base – Charleston
- Naval Weapons Station – Goose Creek
- Charleston Naval Shipyard – Charleston
- Charleston Shipbuilding and Drydock Company – Charleston
- Deyten’s Shipyards – Mt. Pleasant
- Braswell Services Group – Charleston
- Savannah River Site – Aiken
- Raybestos-Manhattan – North Charleston
- Palmetto Vermiculite Company/Enoree Minerals – Enoree
- Patterson Vermiculite Company – Laurens County
- Zonolite Company/W.R. Grace – Aiken
- Duke Power Company Oconee Nuclear Plant – Seneca
- South Carolina Electric & Gas Company – Columbia
- Charleston Consolidated Railway, Gas & Electric Company – Charleston
- International Paper Company – Greenville
- Southern Kraft Paper Company – Georgetown
- Reigel Paper – College Spur
- Bowater Paper – Rock Hill
- Carotell Paper Board Corporation – Taylors
South Carolina Asbestos Trusts
Many asbestos companies were sued after individuals developed mesothelioma and linked this condition to their products. In some cases, companies faced thousands of lawsuits. Many of these companies were forced into bankruptcy. Some of them established asbestos bankruptcy trusts to handle claims filed by individuals who were adversely affected by their products. When an asbestos trust is available, a claimant may be able to file a claim against it without having to go through the entire process of litigation.
There are no known asbestos trusts that were formed by companies that are headquartered in South Carolina. Additionally, no known asbestos trusts are administered in the state. However, many companies that formed these trusts had national operations. A South Carolina mesothelioma lawyer can explain whether an asbestos trust is available in your particular situation.
South Carolina Mesothelioma and Asbestos Lawsuits
Many asbestos cases in South Carolina are resolved before trial. While there is some news regarding cases that are filed, often there is no conclusion to this news because claimants have settled their cases out of court. The vast majority of asbestos cases are settled out of court. Often, plaintiffs in these types of cases sign confidentiality agreements in which they are not allowed to discuss the amount of compensation they received from the case. However, across the nation, more than 1 million asbestos lawsuits have been filed. Many of these cases have resulted in six and seven-figure verdicts and settlements.
However, there have been a few notable cases found in the public media involving unaffiliated law firms, such as:
One case, where the surviving family of a former maintenance worker who worked at a Spartanburg plant between 1971 to 1980 filed a lawsuit after the man died from mesothelioma in 2014. The man had been employed by a construction company to complete maintenance work at a polyester fiber manufacturing plant. The pumps and valves in the plant were insulated with asbestos. The plant did not warn the man of the dangers of asbestos. The plaintiff’s attorneys were able to establish that the company’s executives were aware of the dangers of asbestos. The jury returned a gigantic verdict for the family in compensatory damages. It also ordered the defendant to pay an additional considerable sum in punitive damages.
In another case, a 74-year-old man was diagnosed with mesothelioma. He had worked as a millwright and as a maintenance man, often being exposed to asbestos-containing products in chemical and plastic plants. He was responsible for dismantling industrial pumps and valves, which had components that were made of asbestos. He was exposed to asbestos between the 1960s to 2000. The case went to trial against Crane Co., Byron Jackson and Durco. The jury returned a verdict of consisting of an enormous dollar amount in damages and an another sizable amount for the man’s wife’s loss of consortium claim.
South Carolina Mesothelioma Law Firms
Several South Carolina personal injury lawyers work on mesothelioma cases that may become co-counsel, include the following:
A law firm that is one of the most established and recognized personal injury law firms in South Carolina. Its attorneys are familiar with the types of jobs and industries that exposed innocent workers to the dangers of asbestos. It also has a wealth of knowledge regarding what the asbestos manufacturers knew about these dangers and leverages this information to hold them accountable. The firm has helped many individuals pursue claims against responsible manufacturers and other defendants in personal injury cases, resulting in high recovery amounts for their clients. The firm also achieved one of the highest verdicts in a personal injury case in South Carolina’s history. Firm attorneys know all of the damages that mesothelioma victims may have encountered and will pursue maximum compensation.
A law firm in with several locations in South Carolina, that can be conveniently accessed by mesothelioma victims across the state. It takes on cases in North and South Carolina. The firm is known for being ready to take its case to a jury trial. This gives asbestos companies an incentive to resolve the case for a higher settlement value to avoid the potential of losing at trial. The firm’s engagement in tough and successful litigation sets it apart from other firms.
A law firm that specializes in personal injury cases, along with a few other practice areas. It has secured many significant verdicts and settlements. Collectively, it has secured hundreds of millions of dollars in recovery for its clients. In addition to personal injury cases, the firm also handles workers’ compensation claims, allowing victims to recover the benefits to which they are entitled while waiting for the personal injury case to be resolved. The firm’s attorneys have extensive courtroom experience, as well as experience in alternative dispute resolution methods. It also has advanced technology to help with the presentation of evidence, which can be critical in an asbestos exposure case.
A Columbia-based law firm that provides decades of experience to its clients. The firm’s attorneys provide sage advice based on their many years of experience in this area. They have helped secure hefty recoveries for their clients, including several large awards. Since the firm was established, its attorneys have continued to fight for the rights of clients during that entire time. The firm’s attorneys are very knowledgeable about the sordid history of asbestos manufacturing and will use this information to fight for their client’s maximum recovery.
A law firm that focuses exclusively on personal injury cases and representing the rights of injured victims. They are an exclusive plaintiff’s practice. In addition to tackling mesothelioma cases, they also work on cases involving unreasonably dangerous industrial or consumer product cases. They thoroughly investigate cases and use cutting-edge legal research tools. They are also familiar with medical research and information, safety standards and the use of expert witnesses. They diligently pursue discovery so that they will have the strongest evidence possible to present at trial. The firm has a successful track record of success.
