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On January 24, 2023, it was reported that the Supreme Court of New York had denied a pump manufacturer’s attempt to dodge liability. This is an important development in the battle for employee rights in New York. It shows that manufacturers and other negligent parties can be held accountable for exposing workers to toxic and cancer-causing substances. But what happens if you were exposed to asbestos and other toxic substances during your time as a worker in New York? What if you are just now discovering the health consequences of your past job?
Pump Manufacturer May Be Responsible for Asbestos Exposure
The lawsuit stems from the death of a New York engineer who was apparently exposed to asbestos-laced pumps during his employment at Suffolk State School in New York. His widow then filed a wrongful death lawsuit on his behalf against Milton Roy – a pump manufacturer that she claims was responsible for the exposure. Although the manufacturer sought summary judgment, the Supreme Court denied these attempts and claimed that the company attempted to “circumvent the standards of summary judgment.”
That being said, the lawsuit will still be difficult to win. The company argues that there is no way of knowing whether the engineer died due to exposure to the specific pipes used at the Suffolk State School. They say that he could have been exposed to some other source of asbestos during his time as an engineer. One witness for the defense stated that he had reviewed shipping documents and discovered that no such pipes were ever delivered to the school. Despite all of this, the Supreme Court basically said that the company was getting ahead of itself, and that it could not dismiss the case based on evidence that had not been properly presented during a trial.
Filing an Asbestos Claim Decades After Exposure
You may be wondering how it is possible to sue a company for asbestos exposure decades after the incident allegedly occurred. While it is true that the statute of limitations only gives you a certain time limit to sue, the clock only starts ticking when you become aware of your injuries. Since asbestos can lie dormant in the lungs for many decades until finally resulting in cancer, victims are often completely unaware of their impending sickness. This is a textbook example of an exception to the normal statute of limitations.
Where Can I Find a Qualified Personal Injury Attorney in New York?
If you have been searching for a qualified, experienced personal injury attorney in New York, look no further than the Glassman Law Group. With our assistance, you can hold negligent parties accountable for exposing you to toxic substances at your workplace. Even if you only discovered your injuries many decades after the initial exposure, you should still explore your legal options and file a lawsuit if possible. The compensation could pay for your medical expenses, missed wages, emotional distress, and much more. Get in touch today and get started with an effective action plan.