Does Removing Asbestos On Your Own Void Manufcaturer Liability?

Removing asbestos is a difficult and potentially harmful activity. Removing asbestos is required by many states. However, the removal process can often be more dangerous than the item itself.

Asbestos Liability Explained

Asbestos is toxic to humans. The difficulty with asbestos is that the removal process is often more dangerous to human health than the presence of asbestos alone. State and local governments have set regulations about removing asbestos. This regulation places responsibility for removing asbestos on the manufacturer. Manufacturers are also liable for any asbestos-related injury.

The Short Answer: Most Likely Not

An individual or company undertaking the task of removing asbestos must still comply with the safety guidelines for its proper removal. If these procedures are followed as much as possible, no liability will most likely be imposed on the removing parties, despite the fact that they did not manufacture the item. In this circumstance, it is unlikely that the manufacturer could have done a better job if they had removed it themselves.

Furthermore, a company or individual that attempted to contact the manufacturer for assistance in removing the product and received no answer or help will most likely also escape liability. This is because the removing parties would have had no other choice than to remove it on their own.

There Are Always Exceptions

In the law, there are always exceptions to the rule. In the case of voiding manufacturer liability, the removing parties may be held responsible if they did not follow safety guidelines or notify the manufacturer of the need to remove the asbestos. In this case, the removing parties might be found to have acted recklessly or negligently. In this situation, it is likely that liability would attach to the manufacturer might be reassigned to the party that removed the asbestos.

Avoiding a Transfer of Liability

To avoid being held liable for injuries caused by asbestos, the best steps to take are to contact the manufacturer to schedule the removal. If this is not possible, contact another manufacturer to obtain information about removal procedures. If this step still fails, you can then contact your local better business removal to obtain companies that may be able to assist the removal. As a final resort, research the proper removal methods and take all precautions to prevent injury.

Obtaining Legal Help

If you are involved in asbestos related injury litigation, contact an attorney about your available defenses. An attorney will assist in analyzing the facts of your case and identifying whether you or the manufacturer can be held liable.

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