For decades, asbestos was used in thousands of consumer and industrial products—from insulation and brake pads to roofing materials and talcum powder. While its fire-resistant properties made it popular, its health risks were devastating. Today, individuals diagnosed with mesothelioma and other asbestos-related diseases can file product liability lawsuits against the companies that manufactured, sold, or distributed asbestos-containing products. These lawsuits aim to hold corporations accountable and secure compensation for victims and their families. This article explains how asbestos product liability lawsuits work, who can be held liable, and what California residents need to know.
What Is an Asbestos Product Liability Lawsuit?
An asbestos product liability lawsuit is a legal claim filed against companies that made or sold products containing asbestos. These lawsuits allege that the products were defectively designed, manufactured, or marketed without proper warnings, leading to serious illness.
Key Legal Theories
California recognizes several legal theories in asbestos product liability cases:
- Strict liability: The product was inherently dangerous, and the manufacturer is liable regardless of intent
- Negligence: The company failed to exercise reasonable care in designing, manufacturing, or warning about the product
- Failure to warn: The company knew or should have known about the risks but failed to inform users
- Breach of warranty: The product was marketed as safe but failed to meet that promise
These theories allow plaintiffs to pursue compensation even if the exposure occurred decades ago.
Who Can Be Held Liable?
Multiple parties may be named in an asbestos product liability lawsuit:
1. Manufacturers
Companies that produced asbestos-containing products are the primary defendants. Examples include:
- Insulation manufacturers
- Brake pad and clutch makers
- Cement and roofing product companies
- Talc product manufacturers
2. Distributors and Suppliers
Businesses that sold or supplied asbestos products may be liable if they knew or should have known about the risks.
3. Contractors and Installers
Companies that installed asbestos products may be liable if they failed to warn workers or consumers.
4. Property Owners
In some cases, property owners may be liable if they exposed tenants or workers to asbestos without proper disclosure or remediation.
California’s Legal Landscape
California is one of the most active states for asbestos litigation. Key features include:
- Two-year statute of limitations from diagnosis or death (Code Civ. Proc. § 335.1)
- Joint and several liability: Multiple defendants can be held fully responsible for damages
- No cap on damages for pain and suffering or wrongful death
- Favorable case law, including the landmark decision in Rutherford v. Owens-Illinois, Inc. (1997), which clarified causation standards
California courts also allow survival actions and wrongful death claims, enabling families to seek justice after a loved one passes away.
Proving an Asbestos Product Liability Case
To succeed, plaintiffs must prove:
- Exposure to a specific asbestos-containing product
- The product was defective or dangerous
- The manufacturer or seller failed to warn
- The exposure caused the illness
Evidence may include:
- Employment records
- Product manuals or invoices
- Witness testimony
- Medical records
- Expert opinions
California courts accept cumulative exposure theories, meaning plaintiffs don’t need to pinpoint a single product—just show that the defendant’s product contributed to the overall exposure.
Real-Life Example
A California refinery worker developed mesothelioma after decades of exposure to asbestos insulation. His legal team:
- Identified multiple manufacturers of the insulation products
- Presented co-worker affidavits and product catalogs
- Filed claims under strict liability and failure to warn
The case settled for $2.4 million, covering medical expenses, lost wages, and pain and suffering.
Common Defenses and How to Respond
Defendants may argue:
- The product was not defective
- The plaintiff was exposed to other sources
- The company followed industry standards
- The illness was caused by smoking or other factors
Plaintiffs can counter these defenses with:
- Expert testimony
- Historical documents showing industry knowledge
- Evidence of inadequate warnings
- Comparative exposure analysis
California’s comparative fault rule allows partial recovery even if the plaintiff shares some responsibility.
Compensation Available
Successful asbestos product liability lawsuits may result in:
- Economic damages: Medical bills, lost income, future care
- Non-economic damages: Pain and suffering, emotional distress
- Punitive damages: In cases of egregious misconduct
- Wrongful death damages: Funeral costs, loss of companionship
Many cases settle before trial, but jury verdicts can exceed $10 million, especially in mesothelioma cases.
How to Start a Product Liability Lawsuit
- Consult a mesothelioma attorney: Choose one with experience in asbestos litigation
- Gather documentation: Medical records, work history, product exposure
- Identify defendants: Manufacturers, suppliers, contractors
- File within deadlines: California’s statute of limitations is strict
- Prepare for discovery: Depositions, expert reports, and document exchange
Most attorneys work on a contingency basis, meaning no upfront fees and payment only if you win.
Final Thoughts
Asbestos product liability lawsuits empower California residents to hold manufacturers accountable for decades of harm. Whether through strict liability, failure to warn, or negligence, these claims offer a path to justice and financial relief. With the help of an experienced California mesothelioma attorney, victims and families can navigate the legal process, preserve evidence, and pursue the compensation they deserve.
References
- FindLaw. (2023). Asbestos Exposure Lawsuits and Liability
- Asbestos.com. . (2025). Asbestos Liability: Who’s Legally Responsible for Asbestos Exposure
- LegalClarity. (2025). Can I Sue for Asbestos Exposure? Your Legal Options Explained
- AsbestosClaims.Law. (2025). Asbestos Product Liability Lawsuits
- Miller & Zois. (2025). Recent Asbestos Verdicts and Settlements