[breadcrumb]
Connecticut’s proximity to the coast made it a prime location for ship and submarine building. For many decades, naval yards and shipping hubs were the main supporters of the state economy. Many jobs in the state were connected to marine industries. Groton was home to the Electric Boat Company, which was the leading submarine contractor for the United States. Connecticut was also home to the nation’s leading manufacturer of clipper ships in the 19th century and Navy submarines in the 20th century. Shipbuilding occupations are at a heightened risk of exposure to asbestos because the material was often used to insulate U.S. Navy ships and private vessels.
There are no known occurrences of natural asbestos in the state. However, there was an operating asbestos mine in Litchfield County that produced anthophyllite asbestos, which has been linked to mesothelioma, asbestosis and lung cancer.
Many other industries used asbestos because of its ability to resist heat, flames and chemicals. Connecticut was also home to aircraft manufacturers, including helicopter manufacturers, which included asbestos in many of their components. Workers who worked at chemical plants, paper mills, industrial plants, steel and iron mills, brass factories, and metal works operations were also at an increased risk of exposure because many Connecticut plants relied on asbestos to insulate their machinery. These workers were exposed to asbestos when performing maintenance work and during daily operations.
The state also has many historic buildings that were constructed with asbestos-containing materials. Connecticut received more than 212,000 tons of asbestos shipments. If you or someone you know was diagnosed with mesothelioma or asbestos disease contact our law firm to learn more about your legal rights in addition to mesothelioma lawsuit and trust fund claims.
Quick Links:
Connecticut Asbestos Regulatory Agencies
Connecticut Asbestos & Mesothelioma Diagnoses
Connecticut Laws Concerning Asbestos
Connecticut Statute Of Limitations
Connecticut Asbestos Trust Funds
Connecticut Mesothelioma Verdicts and Settlements
Connecticut Asbestos Exposure Site List
Connecticut Mesothelioma Law Firms
Connecticut Mesothelioma Diagnoses
Connecticut ranks 24th in possible terms of mesothelioma diagnoses of the 50 states with a diagnosis rate of at least 10 per million. New London County and Windham County are among the top 50 counties in the country with the highest mesothelioma diagnosis rates. From 1999 to 2015, at least 582 Connecticut residents were diagnosed with the disease. Additionally, a minimum of 251 residents were diagnosed from asbestosis and another 2,252 people were diagnosed from non-mesothelioma lung cancer in the state between the years 1999 and 2013.
The majority of Mesothelioma cases have been reported in: New Haven – Hartford – Bridgeport – Waterbury – New London – Stamford – Norwalk
Connecticut Asbestos Regulatory Agencies and Regulations
While the Connecticut’s Department of Energy and Environmental Protection of the Department of Public Health previously was responsible for implementing and monitoring asbestos exposure in the air, it announced in 2017 that it would no longer perform these duties. Now, asbestos standards must follow the Environmental Protection Agency’s National Emission Standard for Hazardous Air Pollutants. OSHA is responsible for establishing rules related to asbestos exposure in the workplace.
Connecticut homeowners who believe that their home may have asbestos should not disturb it. Instead, a licensed inspector should be contacted to obtain a sample for analysis. If asbestos abatement is necessary and involves more than three linear square feet, a licensed contractor must complete the work. Asbestos-containing materials must be disposed of at an approved disposal site.
There are various statutes in Connecticut that regulate asbestos in the state, including laws regarding asbestos abatement provisions, notification, inspections, penalties, contractor licensing, worker certificates, training programs, and asbestos is schools. An owner or contractor must provide notice to the Department of Public Health at least ten days before beginning work on a project involving asbestos.
Connecticut Asbestos Laws
Connecticut law also has particular provisions that apply to civil lawsuits that seek compensation for damages related to asbestos exposure. These laws impact when a lawsuit must be filed and what the personal injury plaintiff must prove in order to be awarded compensation.
Statute of Limitations
In Connecticut, the standard statute of limitations is three years from the date when the injury, death or property damage was first sustained or was discovered or should have been discovered in the exercise of reasonable care. The statute goes on to state that no action can be brought against any party later than ten years from the date that the party last had possession or control of the product. This statute thereby limits a plaintiff from pursuing a case against a manufacturer if it has been more than ten years since the injury.
However, many claimants do not realize that they have developed any illness or injury due to asbestos exposure for many years later. Fortunately, the Connecticut statute of limitations specifically provides an extended statute of limitations for asbestos exposure cases. The ten-year limitation does not apply to any product liability claim stemming from an asbestos exposure claim. In this type of case, the claimant can bring the claim within sixty years from the date the claimant last had contact with or exposure to asbestos if the case is brought for a personal injury or death, provided that this is also within three years of the diagnosis. If the claim is due to property damage, the applicable deadline is within thirty years from the date of last contact with or exposure to asbestos.
Connecticut Asbestos Court Exposure Standard
Most asbestos cases are pursued in state court. Each state has developed its own standard regarding what a plaintiff must show in order to prevail with an asbestos exposure claim. One of the most commonly used tests is the Lohrmann test in which the claimant must show the frequency, regularity and proximity of exposure to asbestos. Connecticut does not use this standard. Instead, its superior courts have used a general standard that a plaintiff must identify a product that contained asbestos that a defendant was responsible for, show that he or she suffered damages and prove that the defendant’s asbestos-containing product was a substantial factor in causing these damages.
Connecticut Companies with Trust Funds
After the dangers of asbestos exposure were better understood, many lawsuits were filed against manufacturers and employers who exposed people to this dangerous material. Sometimes as a result of being sued by hundreds or thousands of people, the defendant went bankrupt. In some of these cases, the company established a trust fund to pay damages to victims. In other situations, companies agreed to establish a trust as part of a settlement or according to the terms of a judgment against them. If a trust fund has been established, claimants may have the option to file a claim with the fund without having to jump through all the hoops of a trial.
Connecticut has one trust fund that was established in the state, called the Raytech Corporation Asbestos Personal Injury Settlement Trust, headquartered in Stratford. This trust pays for claims brought by former employees of Raymark Corp, Raybestos Corp. and Raytech. The companies used asbestos in many of their products before filing Chapter 7 or Chapter 11 bankruptcy in 1989. In 2001, the company established a trust. The trust has estimated funds of $52 million and is administered in Illinois.
Connecticut Asbestos Site Exposure List
Many Connecticut workplaces and other locations have a high potential for asbestos contamination, including the following:
- United States Coast Guard Academy – New London
- United States Coast Guard Training Station – New London
- United States Naval Submarine Base – New London
- Groton Vocational Technical High School – Groton
- Electric Boat Shipyard – Groton
- Ballard Oil – Hartford
- Bradley Field Airport – Windsor
- Pratt & Whitney Aircraft – Middletown
- Sikorsky Aircraft – Stratford
- American Brass Company – Ansonia
- F. Goodrich – Shelton
- Colt Firearms – Hartford
- Conn Light & Power Company – Shelton
- Connecticut Light & Power Company – Montville
- General Electric Company – Bridgeport
- Hartford Hospital – Hartford
- Waterbury Hospital – Waterbury
- Pfizer Chemical – Groton
- Raybestos-Manhattan, Inc. – Bridgeport
- American Brass Company – Waterbury
- Chase Brass and Copper Company – Waterbury
Connecticut Mesothelioma Verdicts and Settlements
Like in many states, many asbestos liability cases in Connecticut do not wind up in front of a jury. These cases are often settled early on when manufacturers and employers consider the potential liability that they might face. A summary of the court docket regarding asbestos cases filed in the state showed that most asbestos cases were dismissed prior to trial, many of which could have been subject to a confidential settlement between the plaintiff and defendant. Public information reveals only one case since 1989 has resulted in a jury verdict. The family of a Navy aircraft carrier firefighter who died of mesothelioma was awarded a substantial verdict when the jury found the manufacturing company designed defective pumps that contained asbestos in them and failed to warn workers of the risk of asbestos exposure.
Until May of 2009, there were approximately 85 companies that filed bankruptcy due to asbestos litigation. There were additional subsidiaries of these companies that also filed for bankruptcy. Five of these corporations were organized under Connecticut law, including Raymark Corp. 16 of the corporations that filed for bankruptcy had registered with the state to do business in Connecticut.
Many of the recoveries in Connecticut asbestos cases are settlements that may not be publicly revealed. An unaffiliated law firm in Connecticut published 12 recent settlements that ranged from $2 million for a 58-year-old mechanic and construction worker to $4.6 million for a 71-year-old insulator and Navy worker
Connecticut Mesothelioma Law Firms
We are able to work with a number of mesothelioma law firms in the state of Connecticut, including Cheshire, New Haven, New England, New London County, Windham County and Middlesex County. Many firms dedicate their practice and resources to advancing mesothelioma cases either for workers at a shipyard, VA claims for asbestos exposure, or another possible exposure site in Connecticut. Contact our attorneys today to get assistance in evaluating your mesothelioma claim.
