Mesothelioma and Asbestos in Alabama

There are several industries based in Alabama where it commonly occurred that individuals were exposed to asbestos. They include:

• Eight power generation plants
• Six steel and iron mills
• Four oil refineries
• Two marine construction and repair sites
• Kimberly-Clark pulp and paper mill plants
• Cement Asbestos Company plants

Eighty community water systems in Alabama also used a combination of cement mixed with asbestos to create the pipes used to funnel water throughout the water network to homes and schools. Water system overseers do not think that this is a problem; the latest tests for asbestos in the water were performed in 1994 and many of the systems have never been tested. The overseers have said that they "doubt their pipes ever leached asbestos fibers into the drinking water."

Asbestos Litigation in Alabama

Based on previous rulings, Alabama courts have not gone out of their way to help litigants in asbestos disease cases have their day in court. This has to do with when asbestos diseases are diagnosed and the aforementioned statue and rule:

• Statute of Limitations: the period of time you have in which you must file a claim in court or forfeit the right to sue
• Discovery Rule: the statue of limitations starts when a disease victim is diagnosed, rather than exposed

Because exposure to asbestos, which can lead to asbestos cancer, often takes several decades for symptoms to become evident, it was important that the statute of limitations begin at diagnosis for asbestos disease victims rather than date of exposure. Otherwise, the statue of limitations could easily run out, leaving the victim with no recourse in court.

Nevertheless, Alabama has put some limitations on the discovery rule as it applies to asbestos disease. The first is that you have up to one year after diagnosis to file a claim with a mesothelioma lawyer, and only if you were exposed after 19 May 1980 and have had a professional diagnosis. Unfortunately, many asbestos disease victims diagnosed at various mesothelioma clinics, were exposed before 1980, and thus have virtually no recourse to sue the negligent corporations for damages in Alabama courts.

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