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With no known naturally occurring deposits of asbestos, most cases of mesothelioma occur after occupational exposure to asbestos. One primary industry in Tennessee that could have exposed workers to asbestos was the paper and pulp industry. This industry often used asbestos in its processing, equipment and structures. As a result, lumberjacks, pulpers and mill workers were often exposed to dangerous levels of asbestos.
Another industry in Tennessee associated with asbestos exposure is the energy sector. At one time in history, the Tennessee Valley Authority was once the largest energy provider in the country. It operated plants of all varieties, including nuclear power plants, gas, coal and hydroelectric plants and wind turbines. This company and other energy plants throughout Tennessee used asbestos to insulate from heat and electricity that was made during the power generation process.
The military is also associated with asbestos use due to asbestos being installed in barracks, mess halls, military vehicles, ships and airplanes. Tennessee is home to the Manhattan Project, a classified project that worked to develop nuclear warheads in the 1930s and 1940s. Many facilities used asbestos in a variety of ways in the area where this project took place.
Asbestos was commonly used as a construction product in joint compound, roof shingles, drywall and insulation. While this substance is dangerously not considered dangerous when it is in building materials, if it becomes disturbed, airborne fibers can be released in the air and pose dangers to inhabitants. Tennessee saw dangerous tornadoes and floods in the early 21st century that involved dislodging asbestos, which could have exposed individuals to risks of developing mesothelioma cancer.
Tennessee Mesothelioma Diagnoses
Tennessee ranks 17th in the nation for the number of mesothelioma and asbestosis incidents. There were at least 491 Tennessee residents who were diagnosed with mesothelioma between 1999 and 2015. Counties in Southeaster Tennessee have a slightly higher rate of mesothelioma diagnoses than other counties in Tennessee. There were more than 355 Tennessee residents who were diagnosed with asbestosis and over 2,792 who were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. The majority of diagnosis occurred in the following cities: Nashville, Memphis, Knoxville, Chattanooga, Clarksville, Kingsport, and Oak Ridge
Tennessee Asbestos Laws
Tennessee has a number of laws related to asbestos litigation that can impact a claim. These laws determine the definition of asbestos, when an asbestos claim must be filed and what the claimant must prove.
Statute of Repose and Limitations
Tennessee has a statute of repose that applies to when a claimant must file a lawsuit based on an injury caused by a defective product. This is ten years from the date of the purchase of the product. However, this law does not apply to asbestos cases. A person must comply with the one-year statute of limitations for asbestos cases, which requires him or her to bring forth a case within one year of being diagnosed with mesothelioma or another asbestos-related condition. This one-year statute also applies to wrongful death cases.
Court Exposure Standard
In a Texas mesothelioma case, the plaintiff has the burden of showing how asbestos exposure caused his or her injury. He or she must be able to meet the court exposure standard to be awarded compensation. This requires showing that the defendant’s product was a substantial factor in causing the plaintiff’s harm. There is not a set standard in Tennessee like the Lohrmann test, which requires a plaintiff to show that the exposure was a substantial factor in developing mesothelioma or another asbestos-related condition based on the frequency, regularity and proximity of use of the defendant’s product. Additionally, if the case is brought under a federal law, such as the Federal Employee’s Liability Act, the standard may be different. The FELA only requires showing that the railroad’s negligence played any part in producing the injury for the victim to establish causation.
Tennessee Asbestos State Regulatory Agencies
Tennessee has a number of state regulatory agencies that implement and enforce regulations regarding asbestos. The primary agency is the Tennessee Department of Environment & Conservation. The Tennessee Department of Labor and Workforce Development is responsible for enforcing rules related to asbestos exposure in the workforce. Certain counties also have their own agency to deal with asbestos matters on the local level, including the Chattanooga/Hamilton County Air Pollution Control Bureau, Knox County Air Quality Management Division, Memphis and Shelby County Health Department and the Metropolitan Health Department of Nashville/Davidson County Air Pollution Control Division.
According to state laws, owners or operators of certain demolition or renovation projects are required to provide the Tennessee Air Pollution Control Board of these projects at least 10 working days before commencing the work. The owner or operator must also submit a permit to the agency. These rules apply for demolition projects even if there is not any present asbestos. When performing the work, contractors are required to follow specific asbestos emission control standards and wetting procedures. Individuals performing asbestos removal activities in schools, public buildings or other buildings must be accredited based on Tennessee law.
Even if homeowners do not have to follow other regulations related to asbestos disposal, they must still follow standards for properly disposing and transporting asbestos to an approved disposal facility.
Tennessee Definition of Asbestos
Tennessee law provides the following definitions:
- Asbestos – The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
- Asbestos-containing material (ACM) – Asbestos or any asbestos containing material, which contains more than 1 percent asbestos as determined using Polarized Light Microscopy according to the method specified in Appendix A, Subpart F, 40 CFR, Part 763, Section 1, Polarized Light Microscopy, as contained in the 7-1-91 Edition of the CFR.
Tennessee Asbestos Site Exposure List
Some of the more prominent military, commercial and employment sites that used asbestos in Tennessee include the following:
- Manhattan Project – Oak Ridge
- Rose of Sharon Primitive Baptist Church – North Nashville
- Tennessee Valley Authority – Knoxville
- Bristol Gas and Electric Company – Bluff City
- Chattanooga Electric Company – Chattanooga
- Tennessee Eastern Electric Company – Arlington
- Knoxville Electric Light and Power Company – Knoxville
- Evergreen Packaging Company – Memphis
- Tennessee River Pulp & Paper – Counce
- Bowater Paper Mill – Chattanooga
- Mead paper Mill – Kingsport
- Calhoun Paper Mill – Calhoun
- Ford Motor Company Glass Plant – Nashville
- Firestone Plant – Memphis
- Hoover Ball Bearing Company – Erwin
- Wrigley Charcoal Plant – Wrigley
- Frachem Comilog, Inc. – New Johnsonville
- Thyssen-Dover Elevator Facility – Memphis
- Franklin Mill – Murfreesboro
- Mueller Company Plant – Chattanooga
Tennessee Asbestos Trusts
After asbestos was linked to mesothelioma and other serious medical conditions, plaintiffs across the country began suing asbestos manufacturers and other companies responsible for exposure to this dangerous substance. As a result, many of these companies faced hundreds or thousands of lawsuits. Some of them filed bankruptcy. Some of the bankrupted companies formed special asbestos trusts that were tasked with handling claims for compensation. When an asbestos trust is available, an asbestos lawsuit may not be necessary. The claimant can make a claim against the trust itself and provide the necessary information to receive compensation if trust funds are still available.
While there are not any companies that are headquartered in Tennessee that have established asbestos trusts in Tennessee or that are administered in Tennessee, many of the companies that established these trusts had a national presence. A Tennessee resident may have a valid claim against a manufacturer or employer that caused his or her exposure to asbestos. A Tennessee mesothelioma lawyer can explain if an asbestos trust is available based on your particular circumstances.
Tennessee Mesothelioma and Asbestos Lawsuits
Tennessee asbestos lawsuits rarely make their way to a full trial. They often settle out of court for undisclosed amounts. The plaintiff may not be able to say how much the settlement was for due to a confidentiality agreement. Often times mesothelioma verdicts and settlements are measured in millions of dollars.
Some of the notable results in asbestos litigation that did make it to trial include the following reports from public media involving unaffiliated law firms:
- $3.4 million – A Tennessee jury awarded $3.4 million in 2015 to a woman who developed mesothelioma who alleged that she developed the disease after washing her husband’s clothes. Her husband owned an automobile repair shop where he used products made with asbestos, including from Ford Motor Company. However, an appellate court later vacated the award.
- $3 million – A woman who was diagnosed with mesothelioma in 2011 filed a lawsuit against Ford, alleging that the company had the duty to warn about asbestos in its products. The woman’s husband worked as a mechanic starting in 1971. She cleaned the shop twice a week and laundered his clothes, during which she believed she was exposed to dangerous asbestos dust. She was awarded over $3 million, but a Tennessee appellate court later vacated the judgment, concluding that the company did not have a duty to warn people who did not work for the company.
- $2 million – A career industrial maintenance mechanic for Stauffer Chemical was awarded over $2 million from a jury in September 2018 after the jury found that he had been exposed to asbestos dust when working with asbestos pipe and fittings from 1970 to 1978.
- $1.4 million – The widow of a man who worked as a pipefitter received an award of $1.4 million after suing in 2009. She sued the manufacturer that provided asbestos-laced materials to the husband’s former employer where he worked for more than 30 years. He died of mesothelioma in 2009.
Tennessee Mesothelioma Law Firms
Some Tennessee law firms that take on mesothelioma cases which may become as co-counsel include the following:
A Chattanooga-based personal injury firm that has helped thousands of injury victims recover compensation after negligent accidents caused by other parties. The firm is comprised of experienced attorneys and dedicated support staff. The firm has assisted mesothelioma victims and has helped recover a verdict of over $1 million for a mesothelioma victim. Additionally, the firm is experienced at handling Social Security Disability and workers’ compensation claims to assist with benefits while the case is pending.
A Tennessee mesothelioma law firm with five offices throughout the state. The firm assists clients in Knoxville and throughout the state. For over many years, the firm has zealously represented the interests of personal injury victims, resulting in several high profile verdicts and settlements. The firm has garnered local attention in which it has been listed as one of the best attorneys and firms, as well as receiving national recognition for their client commitment and litigation skills.
A law firm that helps mesothelioma victims in addition to handling cases involving toxic torts. The attorneys are very familiar with Tennessee job sites and manufacturers that used dangerous asbestos and will put this knowledge to use on your case. The firm’s attorneys have over decades of combined legal experience and have tried hundreds of jury and bench trials. They are not afraid to take a case to litigation if a fair settlement is not offered.
