Asbestos is now acknowledged as a known carcinogen harmful to the general public at any level. However, this was not the case until about the 1980s, when scientists found the connection between asbestos and fatal diseases such mesothelioma.
Due to its desired qualities, asbestos was extensively applied as a building and construction material up until this time. Asbestos still exists in thousands of homes and apartment buildings constructed these days.
Finding asbestos in your house can be a terrifying event, particularly in a place you ought to feel safe, your rental property. Here is everything you need to know about whether a landlord can be sued for exposing your family to asbestos.
What Are a Landlord’s Obligations Concerning Asbestos?
Legal responsibility falls on landlords to keep the structures and units they rent safe for their tenants. Under this responsibility, the property is routinely inspected, any known hazards or flaws are corrected, and tenants are warned of known health or safety concerns. Regarding asbestos in a house or apartment, landlords have legal obligations under both federal and state rules. Usually, these rules mandate that landlords:
- Check the walls or other rental building components for asbestos
- Tell renters and possible candidates about the property’s asbestos presence
- Safely eliminate asbestos from a rental house
Tenant’s rights, or implicit promise of habitability, apply to landlords and asbestos; OSHA requirements meant to safeguard workers also apply. Should a landlord break any of the rules pertaining to the upkeep and safety of a rental property, a mesothelioma lawyer Texas could assist in connecting tenant injuries and diseases, including mesothelioma and asbestosis from asbestos exposure.
What If You Suspect Asbestos in Your Rental
Notify your landlord immediately if you think your rental house or apartment contains asbestos. If your landlord is disputing the existence of asbestos without ever having paid for expert testing, ask for formal testing to be conducted.
Stay away from the area of your home where you think asbestos may have been discovered. Asbestos fibers might not have been released into the atmosphere yet if the substance had not been degraded. Your landlord is in charge of fixing the problem or getting rid of the asbestos if test results show that it is there.
Legal Reasons to Sue Your Landlord
Landlord Responsibility
Landlords have a legal obligation to make sure their buildings are tenant-safe. This covers attending to any asbestos risks. They may be held responsible for any damage resulting from asbestos exposure should they neglect to do so. If you are wondering if you can sue your landlord for asbestos exposure, your case will be mostly decided on landlord responsibility.
Care Duty
Landlords have to offer a livable home. Known as the duty of care, this legal requirement requires them to keep the property and handle any health risks like asbestos. A landlord violated their obligation if they knew or should have known about the asbestos and did nothing.
Laziness
Negligence is the result of a landlord not acting in line with reason to stop damage. In cases of asbestos, this may entail neglecting known asbestos problems, not doing appropriate inspections, or not telling renters of the existence of asbestos. You have to show that your exposure and later health issues directly resulted from the landlord’s inaction, proving negligence.
Endnote
You should get legal guidance from an asbestos attorney or mesothelioma lawyer whether you or a loved one have been suffering from asbestos-related diseases or you are considering how to handle asbestos at your rental apartment. An attorney can assist you in starting legal proceedings to guarantee that your house is safe and free of health risks.
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