Mesothelioma, a rare and aggressive cancer primarily affecting the lining of the lungs, is almost exclusively linked to asbestos exposure. While most mesothelioma lawsuits and claims come from individuals who worked directly with asbestos-containing products, many people wonder if they can still pursue legal compensation simply from living near an asbestos plant—particularly during the height of industrial asbestos use in the 1970s.
The answer is yes, under certain conditions, you may be eligible to file a mesothelioma claim even if you were not directly employed at an asbestos facility. This article explores your legal rights, potential claim options, how exposure near an asbestos plant occurred, and what evidence is needed to build a successful case.
Understanding Mesothelioma and Asbestos Exposure
Mesothelioma typically develops 20 to 50 years after exposure to asbestos fibers. These microscopic fibers, once inhaled or ingested, become lodged in the body and cause cellular damage that can lead to cancer. Due to this long latency period, many people exposed to asbestos decades ago are only now being diagnosed with mesothelioma or other asbestos-related diseases.
According to the American Cancer Society, there are about 3,000 new mesothelioma cases diagnosed in the U.S. each year, many of which can be traced back to environmental or occupational exposure that occurred long ago.
Environmental Exposure: Living Near an Asbestos Plant
Environmental exposure refers to contact with asbestos fibers without working directly with the substance. Individuals who lived near factories, processing plants, or mines that used or manufactured asbestos-based products in the 1960s and 1970s were particularly vulnerable.
How Did Environmental Asbestos Exposure Occur?
- Airborne Dust from Plants:
Asbestos fibers were often released into the air during manufacturing processes. These fibers could travel for miles on the wind, contaminating neighborhoods. - Contaminated Soil and Water:
Improper disposal methods sometimes led to asbestos-laden waste being dumped into nearby waterways or open fields, increasing community exposure risks. - Household Exposure from Plant Workers:
Even if you didn’t work at a plant, a household member may have brought home fibers on their clothes, skin, or hair, unknowingly exposing their families. - Construction and Demolition Activities:
Buildings constructed with asbestos materials often released fibers during renovations or demolitions, particularly in areas surrounding industrial zones.
Legal Grounds for Filing a Mesothelioma Claim
To file a mesothelioma claim based on environmental exposure near an asbestos plant in the 1970s, plaintiffs must prove:
- Exposure to Asbestos Fibers: Demonstrating that you lived near a plant known to have emitted asbestos.
- Causation: Medical evidence showing that your mesothelioma was caused by that exposure.
- Negligence or Liability: Proving that the company failed to warn or protect the community from asbestos risks.
You may be eligible to pursue one or more of the following:
1. Personal Injury Lawsuit
If you are still living and have been diagnosed with mesothelioma, you can file a personal injury lawsuit against manufacturers, property owners, or companies responsible for the asbestos contamination.
2. Wrongful Death Claim
If a loved one passed away due to mesothelioma and lived near an asbestos plant in the 1970s, surviving family members may file a wrongful death lawsuit.
3. Asbestos Trust Fund Claim
Many asbestos companies filed for bankruptcy and established asbestos trust funds to compensate victims. If the plant responsible for your exposure is tied to such a fund, you can file a claim without going to court.
4. VA Benefits (If Veteran)
If you were also in the military and stationed near asbestos-rich areas or bases, you might qualify for VA compensation as well.
Proving Environmental Exposure from the 1970s
Successfully filing a claim based on proximity to an asbestos plant decades ago requires careful documentation. Here’s how to build a strong case:
1. Establish Residential History
Provide documentation showing that you lived near a known asbestos-emitting facility. Useful evidence includes:
- School records
- Utility bills
- Property deeds or leases
- City directories
2. Identify the Asbestos Source
Your attorney will investigate the industrial history of the area using:
- EPA records
- OSHA citations
- Local zoning archives
- Historical aerial maps
- Witness testimony
3. Medical Diagnosis and Causation
A mesothelioma diagnosis must be confirmed through biopsy and imaging tests. Your medical team must also link the illness to asbestos exposure rather than other causes.
4. Expert Testimony
Industrial hygienists, environmental scientists, and pathologists may be called upon to confirm that the level of exposure in your community could have caused your condition.
Notable Legal Precedents and Case Examples
1. Anderson v. W.R. Grace (Libby, Montana)
This landmark case involved a vermiculite mine contaminated with asbestos that sickened hundreds of town residents. Plaintiffs who didn’t work at the mine were still awarded compensation due to environmental exposure.
2. Alco Gravure Plant, New York
Residents living near this Brooklyn plant were awarded settlements after proving they were exposed to airborne asbestos dust during the 1960s and 1970s.
3. Ambler, Pennsylvania – Keasbey & Mattison
Citizens living near this asbestos manufacturing plant reported long-term health consequences. Several successful lawsuits were filed by individuals who had no direct occupational exposure.
These cases demonstrate that environmental plaintiffs can indeed win compensation if they show proximity, exposure, and causation.
Statute of Limitations: Don’t Wait Too Long
Each state has its own statute of limitations for filing a mesothelioma claim. Typically, the clock starts ticking from the date of diagnosis or death, not from the time of exposure.
For example:
- California: 1 year from diagnosis
- New York: 3 years from diagnosis
- Texas: 2 years from diagnosis
It’s vital to act promptly. An experienced mesothelioma lawyer can guide you on state-specific deadlines and expedite filing procedures.
How an Asbestos Attorney Can Help
Filing a mesothelioma claim due to environmental exposure is complex. A qualified asbestos attorney will:
- Conduct a detailed investigation of the plant’s operations in the 1970s
- Secure expert witnesses and historical records
- Determine the availability of asbestos trust funds
- Handle settlement negotiations or trial proceedings
- File in multiple jurisdictions if applicable
Many law firms offer free case evaluations and work on a contingency basis, meaning they only get paid if you receive compensation.
Compensation Available
If successful, compensation may cover:
- Medical expenses (chemotherapy, radiation, surgery)
- Travel costs for treatment
- Loss of income or earning potential
- Pain and suffering
- Funeral and burial costs (for wrongful death claims)
Settlements can vary greatly, but average mesothelioma payouts range from $1 million to $2.4 million, according to Mealey’s Litigation Report.
What to Do If You Suspect You Were Exposed
- Get Diagnosed – See a doctor experienced in asbestos-related illnesses.
- Document Your Residential History – Gather as much information as possible about where and when you lived near the plant.
- Research the Facility – Look into the history of the plant to determine asbestos usage.
- Contact an Attorney – Consult a law firm with a strong track record in mesothelioma environmental exposure cases.
Conclusion: Yes, You Can File a Claim — If You Act
Even if you never worked in an asbestos plant, you may still be entitled to compensation if you lived near one during the 1970s and developed mesothelioma as a result. Environmental exposure is a recognized and legitimate cause of this deadly cancer. By working with an experienced attorney and gathering the right documentation, you can hold the responsible parties accountable.
References
- American Cancer Society. “What Is Malignant Mesothelioma?”
https://www.cancer.org/cancer/malignant-mesothelioma/about/what-is-mesothelioma.html - Environmental Protection Agency (EPA). “Asbestos and Health: Community Exposure.”
https://www.epa.gov/asbestos - United States Geological Survey (USGS). “Historic Asbestos Mines and Natural Occurrences in the Eastern United States.”
https://pubs.usgs.gov/of/2005/1189/ - U.S. Department of Health and Human Services. “Asbestos Toxicity: Who’s at Risk of Exposure to Asbestos?”
https://www.atsdr.cdc.gov/csem/asbestos/who_is_at_risk.html - Mealey’s Litigation Report: Asbestos. “Average Mesothelioma Settlements and Verdicts.”
LexisNexis, 2024. - Agency for Toxic Substances and Disease Registry (ATSDR). “Community Exposure and Health Effects.”
https://www.atsdr.cdc.gov/asbestos/community/index.html
