Texas Gives Preliminary Approval to Easier Rules for Asbestos Lawsuits

Texas state leaders have passed legislation that would make it easier for people to receive financial damages for exposure to asbestos, the toxic material blamed for causing the deadly form of cancer called mesothelioma.

Last week, the Texas Senate passed a bill that would set a lower standard of proof for plaintiffs claiming injuries from exposure to asbestos. Under the new rules, it would be easier for victims of asbestos to prove that their exposure was significant enough to cause mesothelioma. The measure passed by a preliminary vote of 20-11.

The new, relaxed rules for asbestos suits must still gain additional approvals from Texas leaders before they can become state law. The bill was sponsored by Robert Duncan (R-Lubbock) and designed to shorten long delays and stiff legal challenges for victims of asbestos exposure, who must meet a difficult standard of proof to prevail in court.

Duncan said in many cases, Texans exposed to asbestos while working in manufacturing plants or the construction trades develop mesothelioma and die long before they and their loved ones ever get their day in court.

Mesothelioma is a rare but deadly form of cancer that affects the linings of the stomach, heart, lungs, and other internal organs. It is caused by inhaling or otherwise ingesting asbestos fibers, which can become lodged in the linings, cause inflammation, and allow cancerous tumors to form. The disease may not form for 30 to 40 years after exposure to asbestos, so many people affected do not know they have mesothelioma until the cancer has advanced. The cancer is most often fatal.

People who work in the manufacturing and industrial careers, such as shipbuilding, construction, and automotive industries, are most at risk of asbestos exposure and mesothelioma. In some cases, the wives, children, and other loved ones of workers exposed to asbestos on the job have developed mesothelioma after coming into contact with asbestos on clothing or tools used by the worker.

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