Ohio Mesothelioma Lawyers

Filing an Asbestos Claim in Ohio

Ohio has been one of the nation’s most active states in asbestos litigation reform. By 2000, Ohio was one of only 5 states that accounted for more than two-thirds of the country’s new asbestos-related case filings. This distinction prompted Ohio lawmakers to tackle asbestos tort reform. 

Ohio is now considered a leader in limiting the number of active asbestos claims. Ohio lawmakers also passed legislation in 2013 to improve transparency among plaintiffs filing lawsuits and trust fund claims. Ohio was the first state in the U.S. to pass this kind of law.

Key Facts About Filing in Ohio

1. Ohio enacted litigation reforms in 2004 to limit who can file asbestos claims and who can be liable for asbestos-related injuries.
2. Trust fund claims operate outside of the state court system, but certain laws in Ohio affect plaintiffs who qualify to file an asbestos lawsuit and a trust claim.
3. Ohio statutes completely bar secondary asbestos exposure claims against premises owners. This means a property owner cannot be held liable for asbestos exposure that occurred off their property, even if the exposure originated from their premises.

Asbestos litigation in Ohio is complex. This makes it particularly important to work with experienced mesothelioma lawyers. For example, as part of its 2004 reforms, Ohio incorporated the corporate veil doctrine into its statutory law. This legal doctrine is known as “piercing the corporate veil.” 

If a plaintiff sues a bankrupt corporation, they can sometimes get compensation from the company’s shareholders. It allows plaintiffs in certain circumstances to get compensation for mesothelioma damages from a shareholder who controls a bankrupt defendant.

Benefits of Hiring a Mesothelioma Lawyer in Ohio After Asbestos Exposure

People should work with experienced mesothelioma lawyers who have successfully handled cases for Ohio plaintiffs. This gives them the best chance to get the highest compensation for their claim.

Ohio asbestos attorneys know how state laws may apply to your case. An experienced Ohio mesothelioma lawyer can help you file a lawsuit and a trust fund claim without breaking the state’s law.

Ohio Mesothelioma Law Firms

It’s critical that you choose the most experienced law firm in Ohio. Look for an asbestos lawyer who has handled cases like yours. Top Ohio law firms can also assess if you can file claims with asbestos trust funds. For example, Kaiser Aluminum had a manufacturing plant in Heath, Ohio. The company filed for bankruptcy in 2002, establishing its trust in 2006 with $1.2 billion.

Local attorneys can navigate how the state’s complex laws apply to your case. Local law firms may have experience in complex cases. 

For example, Ohio law requires an asbestos plaintiff to prove that the defendant’s conduct was a “substantial factor” in causing an alleged injury or loss. Additionally, the owner of a premises may be held liable for injuries resulting from exposure to asbestos on their property. Under state law, whether a premise owner is liable depends on when the alleged exposure occurred.

Nationwide Asbestos Law Firms Outside Ohio

In addition to understanding Ohio’s state laws, nationwide firms understand how the laws in other states affect your claim. They can advise if you qualify to file in a different state. This may be the case if your exposure happened somewhere else or the defendant is based outside of Ohio.

A nationwide mesothelioma law firm will travel to you. This is important if you’re coping with health complications from mesothelioma. Hiring one of the nation’s best mesothelioma law firms can help you get the compensation you deserve and are legally entitled to receive.

Successful Asbestos Litigation in Ohio

Multimillion-dollar mesothelioma verdicts aren’t the norm in Ohio. Most mesothelioma lawsuits reach a settlement before trial. The top asbestos law firms regularly recover asbestos settlements worth more than $1 million.

However, there have been substantial damages awarded in asbestos lawsuits in Ohio. In 2022, Weitz & Luxenberg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods responsible for asbestos exposure.

Notable Ohio Settlements and Verdicts

• $8.2 Million: A Cuyahoga County jury awarded these damages in 2018 to a former electrician who died of mesothelioma after exposure to Union Carbide’s asbestos fibers that were used in Georgia Pacific’s Ready-Mix joint compound.
• $27.5 Million in 2013: An Ohio jury awarded these damages in 2013 to a man who developed mesothelioma after secondary exposure to asbestos through his father, who worked with asbestos brake pads National Friction Products Corporation manufactured. It’s the largest asbestos verdict ever awarded in Ohio.
• $1 Million in 2016: An Ohio jury in 2016 ordered Honeywell to pay more than $1 million to the estate of a woman who developed peritoneal mesothelioma after exposure to Bendix asbestos brakes. Honeywell is the successor to Bendix.

Experienced mesothelioma law firms are also known to recover 6-figure payouts from asbestos trust funds. Make sure they’re familiar with Ohio’s trust transparency laws. These laws affect mesothelioma compensation in Ohio.

Asbestos Regulations and Laws in Ohio

Ohio has a mix of federal and state laws that regulate asbestos. They aim to protect the public from exposure.

Asbestos Codes, Laws and Statutes

• Ohio Revised Code Title 37, Health Safety Morals, Section 3710.01: Statutes that define asbestos fibers, asbestos abatement and asbestos abatement specialists in Ohio.
• Ohio Administrative Code Chapter 3745-20, Asbestos Emission Control: Defines Ohio’s laws and regulations of asbestos abatement, disposal and management.
• Ohio Revised Code Section 2315.19: Defines Ohio’s negligence laws.
• Ohio Revised Code Section 2305.11: Defines Ohio’s statutes of limitations.

The Ohio Environmental Protection Agency oversees and enforces asbestos regulations as outlined by the state code. Ohio Department of Health manages the certification and licensing for asbestos contractors, inspectors and abatement professionals.

Asbestos Exposure Risks in Ohio

Workers in Ohio have been exposed to asbestos products in manufacturing plants, power generation plants, refineries, factories, mills and construction sites. Ohio is No. 6 in the U.S. for mesothelioma and asbestosis deaths. The state’s high ranking is attributed to Ohio’s rich industrial and manufacturing history.

Sites Known for Asbestos Exposure

• Chemical plants and refineries: Ohio is a leading producer of rubber, plastics and other chemicals. The high-temperature pipes and refining equipment involved in chemical production need insulation. Asbestos insulation was the type used in these settings.
• Power Generation Plants: Asbestos insulation was also installed in power plants throughout Ohio. Arc chutes, electrical boxes and wire also contained asbestos.
• Rubber Plants: Goodyear, Firestone and others had plants in Akron. Workers used asbestos-contaminated talc to keep the rubber from sticking together. In 2020, a $72.5 million settlement occurred between rubber workers and the talc supplier.
• Schools: Frequent use of asbestos in construction materials in buildings like schools occurred for most of the 20th century. These materials remain in many older schools, putting staff, teachers and students at potential risk. 
• Steel mills and factories: Wheeling-Pittsburgh Steel, AK Steel Holding Corporation and LTV Steel had operations in Ohio that put metal workers at risk. Asbestos exposure risks also apply to manufacturers of car parts and appliances, such as employees of Ohio Cast Products.
• Vermiculite-processing plants: The Scotts Company and other plants received the raw mineral from Libby, Montana. Vermiculite from Libby contains tremolite asbestos. Processing released asbestos fibers, which posed a health hazard to workers and those nearby.

In January 2022, a renovation of a century-old library in Cleveland Heights, Ohio, began thanks to an asbestos removal project. The project removed old asbestos floor tile and asbestos-containing caulking. 

Other historic buildings throughout Ohio remain contaminated with asbestos. The state oversees asbestos removal projects to ensure the safety of workers and residents.

Asbestos Exposure at Work in in Ohio

Family members of asbestos workers faced the risk of secondary exposure when their loved ones unknowingly brought asbestos fibers home on their work clothes. 

Veterans in Ohio who develop mesothelioma from asbestos exposure in the military may file a VA claim for benefits. They also have access to VA health care in the state.

Higher-Risk Jobs in Ohio

• Asbestos manufacturing workers
• Automotive plant workers
• Chemical plant workers
• Construction workers
• Insulation installers
• Manufacturing plant workers
• Metal workers
• Oil refinery workers
• Paper mill workers
• Power plant workers

Ohio is the corporate headquarters of several major companies in the asbestos industry. Cincinnati was home to Philip Carey, which mined asbestos for insulation products. Cleveland was home to the North American Refractories Company, which specialized in manufacturing heat- and friction-resistant materials.

Headquartered in Toledo, the Dana Corporation made asbestos-containing brake pads, gaskets and seals. Toledo is also home to the Owens-Corning Fiberglas, a producer of asbestos-containing insulation. Fellow insulation maker Owens-Illinois is headquartered in Perrysburg. Medina has the headquarters of Republic Powdered Metals. It acquired Reardon Company’s line of Bondex-brand products and the liability for the asbestos in those products.

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