Delaware Asbestos Exposure

DuPont Chemical Corporation is one of the world's largest polluters and is located in Delaware. Other large corporations such as Texaco, Sunoil and Getty have oil refineries also located in Delaware. These companies have already been accused of exposing employees to asbestos.

Brakes made by DaimlerChrysler have already been found to have asbestos, leading to several suits against the car manufacturer. Cases ruled by the Superior Court of Delaware have already made rulings to determine who was the very last to expose the victim to asbestos, as well as who is held liable to pay damages.

Asbestos Deaths in Delaware

Nearly 250 asbestos-related deaths have been reported in the state of Delaware. Almost 170 of the deaths reported were from asbestosis, with the remaining being from mesothelioma. As of today, there have been over 110 lawsuits filed in the state of Delaware since 1979.

Legal Resources for Delaware

As one of the most corporate-friendly states in the country, Delaware is one of the states that also allows joint and several liability. What joint liability means is that if one person of the joint party dies then the other remains fully liable. In the case of mesothelioma, if husband and wife both file a joint liability case against asbestos manufacturers and the husband dies, the wife is still legally entitled to pursue compensation through legal means.

With several liability, on the other hand, if the joint party (husband and wife for instance) took out a loan at two banks and only one bank fails to advance its agreed sums of monies to the husband and wife, only that bank who failed to perform its agreed contractual duties can be sued and the second bank has no liability. Several liability is when each party is liable for only their own respective obligations and responsibilities.

To have both joint AND several liability, a claimant with mesothelioma can sue any asbestos manufacturer or employer who exposed them to asbestos, as if they were both jointly liable. It becomes the responsibility of both the asbestos manufacturer and employer (in some cases it may be multiple manufacturers and employers) to sort out their respective obligations of liability and payment. For example if you sue your employer for your mesothelioma, that employer is not only responsible for paying you, but they must also pursue the manufacturers of the asbestos products for their share of the liability.