***OT**
It has always bothered me that government agencies are suing and have won against the manufacturers of asbestos material. I am wondering if I am incorrect in making the statement that many of the architectural plans for schools and office buildings required that the building materials contain asbestos to reduce fire hazard. The companies making these building material obliged and are later liable for their affects. See below. Any thoughts?
Attorney General Ryan Seeks Multi-Million- Dollar Recovery From Asbestos Companies
PR Newswire - February 17, 1998 13:59
V%PRN P%PRN
SPRINGFIELD, Ill., Feb. 17 /PRNewswire/ -- Attorney General Jim Ryan filed
a statewide lawsuit today seeking recovery of millions of dollars from 16
asbestos companies for the previous and future clean-up of 400 state
buildings.
Illinois has spent more than $63 million since 1989 to remove asbestos
from hundreds of state buildings and will spend millions of dollars more in
coming years. The lawsuit contends that asbestos companies knew or should
have known about the health hazards of asbestos when the product was
manufactured.
"Illinois taxpayers should not be asked to foot the bill for the
negligence of these asbestos companies," Ryan said. "My office will seek to
make sure the state recovers every last dollar it is able to under the law and
that the money is returned to the taxpayers of this state."
Ryan stressed that no state buildings pose an imminent threat to public
safety because the asbestos is being maintained and monitored. But, as
buildings are modified or torn down, the dangerous material must be removed
according to state and federal law.
Most of the 400 buildings are on the campuses of colleges and universities
throughout the state. Also included are major state government structures
such as the State Capitol, mental health centers and prison units. The
asbestos was installed between 1945 and 1985 on the facades, floors, ceilings
and insulation of the buildings, the lawsuit alleges.
Asbestos is a known human carcinogen. Inhalation of asbestos fibers can
lead to various types of cancer that are often irreversible and fatal.
Today's lawsuit, filed in Sangamon County with the governing boards of
Illinois universities as co-plaintiffs, alleges that the defendants acted
negligently when the asbestos-containing materials were manufactured.
According to the lawsuit, health hazards associated with the inhalation of
asbestos fibers were documented in the early 1900s and the defendants "knew or
should have known of the health hazards from the inhalation of asbestos
fibers."
Specifically, the complaint cites a series of defects associated with
asbestos fibers:
-- There was a manufacturing defect in that asbestos fibers were released
into the air when the asbestos-containing materials were used correctly for
their intended purposes.
-- There was a design defect in that the defendants knew or should have
known of asbestos health hazards; knew or should have known that alternative
designs not requiring asbestos fibers were available and feasible, but failed
to market products using the alternative designs.
-- There was a warning defect because the defendants, who knew or should
have known of the dangers associated with asbestos, failed to warn the
plaintiffs of the unreasonable danger.
-- There was an instruction defect in that the defendants did not
adequately instruct the plaintiffs as to safety precautions that could be
taken to minimize the unreasonable danger from asbestos-containing materials.
Named as defendants are United States Gypsum Company, Armstrong World
Industries, Inc., Asbestos Products Manufacturing Corporation, Asbesto-Spray
Corporation, Congoleum Corporation, Conwed Corporation, Domco Inc. Floor
Products (Texas), Fibreboard Corporation, Flintkote Company, Inc, GAF
Corporation, H&A Construction Corporation, Owens-Corning, Pfizer, Inc., Union
Carbide Corporation, United States Mineral Products Company and W.R. Grace Co.
Conn.
The state already has collected millions of dollars from asbestos
manufacturers. The Attorney General's Asbestos Litigation Bureau, since its
inception in 1987, has collected more than $9 million from five asbestos
manufacturers. More than $5.3 million has been collected during the first
three years of the Ryan administration, a 35 percent increase over the
previous administration. That percentage should climb to 74 percent with a
scheduled $1.5 million payment in July from the National Gypsum property
damage trust.
SOURCE Illinois Attorney General's Office
/Photo: newscom.com
or NewsCom, 305-448-8411/
/CONTACT: Dan Curry of the Illinois Attorney General's Office,
312-814-2518/ |
