Actions You Can Take After Being Exposed to Asbestos

Exposure to asbestos has been linked to certain types of cancer and other health complications, and recently the danger of asbestos to tenants and homeowners has also been recognized. It is the property owner’s responsibility to ensure that his or her tenant is safe during the duration of their stay; however, there are also instances where the tenant or occupier of the property is liable for anything that occurs in the property. Because of this, it would be better to fully understand how tenant and property owner responsibility work in chances of premises liability and possible personal injury claims go.

According to a 200-page regulation issued by the US Occupational Safety and Health Administration (OSHA) which establishes the precise standards for workplace testing, maintenance, and eventual disclosure of asbestos, property owners who are in the general industry, shipyards, and construction works are required to set up warning labels and train their staff, as well as inform those who work is jobs that might have exposure to asbestos. Because rental properties are considered as “general industry” by OSHA, they are required to follow the given regulations for necessary property maintenance, whether they are large-scale property rentals or small scale landowners.

Discovery of asbestos in the property does not necessarily mean that it is already an unsafe property. The danger of asbestos and asbestos-related diseases is due to it being airborne (through deterioration). If it is not disturbed, the law may not require to property owner to remove it. It is required by law, however, to have the tenant informed of the presence of asbestos and the types of things that could disturbed it, thus rendering the area an unsafe property.

When the presence and danger of exposure to asbestos has deemed the rented property an unsafe property and the owner did not inform the tenant, then the owner can be held liable for the damages that the tenant incurred. It is also the property owner’s responsibility to do the repairs in the rented property via a suitable and non-negligent manner to ensure that the “reasonable standard of protection” is provided.


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