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 five 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.

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. Patients 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.

Benefits of Hiring a Mesothelioma Lawyer in Ohio After Asbestos Exposure

Ohio asbestos attorneys know how state laws may apply to your case. In 2013, Ohio lawmakers passed legislation 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. An experienced Ohio mesothelioma lawyer can help you file a lawsuit and a trust fund claim without breaking the state’s law.

In Ohio, a premises owner may be held liable for injuries resulting from exposure to asbestos on its property. Under state law, whether a premise owner is liable depends on when the alleged exposure occurred. Ohio law also requires that an asbestos plaintiff prove that the defendant’s conduct was a “substantial factor” in causing an alleged injury or loss. Local attorneys can navigate how these laws apply to your case.

If a plaintiff sues a bankrupt corporation, they can sometimes get compensation from the company’s shareholders. This legal doctrine is known as “piercing the corporate veil.” It allows plaintiffs in certain circumstances to get compensation for mesothelioma damages from a shareholder who controls a bankrupt defendant. As part of its 2004 reforms, Ohio incorporated the corporate veil doctrine into its statutory law. Local law firms may have experience in these types of cases, and nationwide law firms licensed to practice in Ohio may also. 

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.

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. Most mesothelioma plaintiffs in Ohio file out-of-state because Ohio lawmakers passed laws that favor asbestos defendants. 

More than half of all mesothelioma plaintiffs in the U.S. file their claims outside of the state they live in, according to a recent KCIC industry report. The top 10 jurisdictions in the nation for asbestos claims saw 75% of filings in the first half of 2024. Mesothelioma patients in Ohio should consider a nationwide mesothelioma law firm because a local firm may be more likely to file their case in Ohio courts.

A perk of selecting a nationwide asbestos law firm is that they’ll travel to you. You don’t have to drive near or far, and this is important if you’re coping with health complications from mesothelioma.

Hiring one of the nation’s best mesothelioma law firms will help you get the compensation you deserve and are legally entitled to receive. In 2022, Weitz & Luxenberg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods responsible for asbestos exposure.

Successful Asbestos Litigation in Ohio

Multimillion-dollar mesothelioma verdicts are not the norm in Ohio. Most Ohio residents chose to file their claim in states that are more favorable to mesothelioma plaintiffs.

• $8.2 Million in 2018: A Cuyahoga County jury awarded $8.2 million 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 $27.5 million to a man who developed mesothelioma after secondary exposure to asbestos through his father, who worked with asbestos brake pads manufactured by National Friction Products Corporation. It is the largest asbestos verdict ever awarded in Ohio.
• $1 Million in 2016: An Ohio jury 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.

While these verdicts represent some of the highest ever recovered in Ohio, most mesothelioma lawsuits reach a settlement before trial. The top asbestos law firms regularly recover asbestos settlements worth more than $1 million.

These firms are also known to recover six-figure payouts from asbestos trust funds, but 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 and aim to protect the public from exposure.

• 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

• Rubber Plants: Rubber workers got exposed to asbestos at facilities in Akron, Ohio. 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.
• Vermiculite-Processing Plants: The Scotts Company received the raw mineral from Libby, Montana. Other Ohio vermiculite-processing plants did as well. Vermiculite from Libby contains tremolite asbestos. Processing released asbestos fibers, which posed a health hazard to workers and those nearby.
• Steel Mills and Factories: Metal workers got exposed to asbestos on the job. Wheeling-Pittsburgh Steel, AK Steel Holding Corporation and LTV Steel had operations in Ohio. Similar risks apply to manufacturers of car parts and appliances, such as employees of Ohio Cast Products.
• Petroleum Refineries and Chemical Plants: 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.
• Schools and Other Old Buildings: Construction tradesmen have always carried a high risk of asbestos exposure. Frequent use of the mineral in building materials occurred for most of the 20th century. Asbestos-containing materials remain in many old buildings in Ohio, including schools. These materials endanger present-day workers as well as residents and students performing renovation without proper protection.

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

Occupational exposure in Ohio happened in manufacturing plants, power generation plants, refineries, factories, mills and construction sites. Ohio companies were aware of the risks when they made or used asbestos products.

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

• 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.

Recommended Reading