[breadcrumb]
Rhode Island has one known source of naturally-occurring asbestos, which is located near Diamond Hill but was not mined. Most cases of mesothelioma in Rhode Island stem from asbestos exposure in the workplace. Although the number of incidences related to asbestos exposure is relatively low in the state, there are still certain industries that could have exposed Rhode Island residents to dangerous asbestos that could cause mesothelioma.
Due to its coastal proximity, Rhode Island is a hub for the shipping industry. Asbestos was commonly used in shipbuilding. Many of the components of ships such as those used in the Navy were constructed with asbestos. Often, workers were unaware of the risks of working around asbestos.
A common source of employment in Rhode Island is education. Asbestos was often used in the construction of public buildings, schools and other buildings used by teachers and administrators. Asbestos was used in furnaces and pipes, as well as in drywall materials, ceiling tiles, roofing materials and other construction products.
The state also has a strong manufacturing industry, which is the third largest industry in the state. The state produces a large quantity of goods, including electrical equipment, metal products, machinery and costume jewelry. Asbestos was frequently used in the manufacturing industry where it was used for insulation in the building and sometimes in the machinery.
Rhode Island was once a large player in the textile production industry. Asbestos was often used in commercial cloth and fabrics. It was also used in industrial equipment used in the factories that manufactured such textiles, often for fireproofing.
Rhode Island Mesothelioma Diagnoses
Rhode Island ranks 38th in the United States for the number of mesothelioma cancer and asbestosis incidents. There were at least 172 Rhode Island residents who were diagnosed with mesothelioma between 1999 and 2015. Providence County has the highest number of asbestos-related diagnoses in Rhode Island. Between 1999 and 2013, more than 100 Rhode Island residents were diagnosed with asbestosis and more than 752 were diagnosed with non-mesothelioma lung cancer.
Other Cities where the majority of cases of mesothelioma have been found: Cranston, Pawtucket, Newport, Warwick, Coventry, Woonsocket
Rhode Island Asbestos Laws
Rhode Island has a series of asbestos laws related to the filing of mesothelioma laws. These laws dictate what a physician must do when diagnosing a patient with mesothelioma or another asbestos-related condition, when a lawsuit must be filed and what the plaintiff must prove in order to receive compensation for his or her damages.
Statute of Limitations
The statute of limitations is the time limit by which a plaintiff must file a lawsuit to prevent the car from dismissing the case because it is time-barred. The statute of limitations for personal injury cases in Rhode Island is three years. Cases involving asbestos exposure use the same statute of limitations. The three years runs from the date of diagnosis or the date when the plaintiff should have reasonably known that the illness should have been reasonably discovered. Specifically, the statute of limitations to bring forth a personal injury claim does not begin to run until the patient’s physician sends a letter to the patient detailing the mesothelioma diagnosis and the likely role asbestos exposure played on the patient’s health, as required by the law governing the physician’s duties.
The statute of limitations in Rhode Island for a wrongful death action is three years. The surviving family has three years form the victim’s date of death to file a wrongful death lawsuit against the negligent defendant.
Court Exposure Standard
Many asbestos cases are pursued on the state level. Plaintiffs must be able to establish the standard required of them on the state level. Each state sets its own standard of what plaintiffs must prove in asbestos exposure cases. The most common standard is the Lohrmann test which requires showing that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. The plaintiff must usually provide evidence of the regularity, proximity and frequency of exposure to the defendant’s asbestos-containing product. Rhode Island has adopted this standard, finding that the test strikes the appropriate balance between the claimants and manufactures and the state’s causation standards. It is not enough in Rhode Island to show that the plaintiff was exposed to asbestos once. The plaintiff must provide evidence also of the frequency and regularity of this exposure.
Physician Duties in Asbestos Diagnoses
Rhode Island has a specific law that spells out the physician’s duties after he or she diagnosed a patient with mesothelioma, asbestosis or other asbestos-related condition. The physician must report the illness to the director of health within six months of the diagnosis. Additionally, he or she must inform the patient or the patient’s next-of-kin of the role asbestos exposure relates to the patient’s medical condition.
Rhode Island Asbestos Site Exposure List
Shipyards, breweries, manufacturing and textile companies may have exposed workers and others to asbestos in Rhode Island. Public buildings and military operations may have also exposed individuals to asbestos. Some of the locations that may have exposed individuals to asbestos include:
- Cumberland Elementary School – Cumberland
- Smithfield High School – Smithfield
- Winsor Hill – Providence
- Brown Avenue – Providence
- Sarah Dyer Barnes – Providence
- University of Rhode Island – Kingston
- Newport Naval Base – Newport
- Charleston Naval Base – Newport
- Davisville Naval Station – Davisville
- Roger Williams Building of the Rhode Island Department of Education – Providence
- North Scituate Public Library – North Scituate
- Middletown High School – Middleton
- Barrington Congregational Church – Barrington
- Halkyard Manufacturing Company – Providence
- Acme Tile Co. – Providence
- Biltmore Textile – Providence
- Herreshoff Boatyard – Bristol
- Wickford Shipyard – North Kingston
- Walsh-Kaiser Shipyard – Cranston, Providence
- Narragansett Brewery – Cranston
- Management Brewery – Cranston
- Rhode Island Textile Company
- Synthron Chemical – West Warwick
- Puritan Aerosol – Providence
- Narragansett Power – Cranston
Rhode Island State Asbestos Regulatory Agencies
The agency primarily responsible for asbestos regulations on the state level is the Rhode Island Department of Health. This agency is responsible for enforcing many rules regarding asbestos and asbestos projects. A contractor must be licensed with the department in order to perform asbestos abatement work. Additionally, a plan must be submitted to the department and be approved before this work can be commenced. This plan must provide specific statements regarding the type of work to be performed, the manner in which the asbestos will be handled, where the asbestos will be disposed and when the work will be completed. The department must give written approval before work can be started.
The contractor is required to provide notification to the department at least 10 working days before commencing work. Additionally, there must be a certified CPR individual and licensed asbestos abatement site supervisor physically present on the job before performing the work. Some contractors may be certified only for spot repairs, in which case they cannot work on projects that involve asbestos abatement for an area larger than that for which they are certified or in buildings other than those specified in their certification.
Rhode Island State Definition of Asbestos
Rhode Island law provides the following definitions:
- “Asbestos” – that unique group of naturally occurring minerals that separate into fibers of high tensile strength, resistant to heat, wear, and chemicals, described as the following types: chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite, and every product containing any of these minerals that have been chemically treated and/or altered which, after manufacture, are used for these products and end uses as insulation, textiles, paper, cement sheets, floor tile, wall covering, decorations, coating, sealants, cement pipe, and reinforced plastics and other compounds.
- “Asbestiform materials” – those naturally occurring fibers of similar shape, size, strength, surface, and characteristics of asbestos fibers as are otherwise described in the publication entitled “Non-Occupational Health Risks of Asbestiform Fibers”, Committee on Non-Occupational Health Risks of Asbestiform Fibers, Board on Toxicology and Health Hazards of the Commission on Life Science of the National Research Council; U.S. Environmental Protection Agency and National Academy of Sciences, National Academy Press, Washington, D.C. 1984, E.P.A. 68-01-4655.
- “Asbestos containing material (ACM)” – any material or product which contains more than one percent (1%) asbestos.
Rhode Island Asbestos Trusts
After facing significant liability stemming from the use of asbestos in the workplace and a variety of products, many companies filed bankruptcy. Some of these companies established trusts to deal with ongoing claims from injured individuals. When an asbestos trust is available, a claimant can make a claim without going through the entire process of litigation.
There are no known companies that are headquartered in Rhode Island or asbestos bankruptcy trusts that are administered in the state. However, many companies that formed these trusts had multiple operations in a number of states, so there may be compensation available from one or more of these trusts. A Rhode Island mesothelioma lawyer can explain if an asbestos trust may be available in your particular situation.
Rhode Island Mesothelioma and Asbestos Lawsuits
It is rare for a Rhode Island asbestos case to make it to trial. Many of these cases are resolved well before a trial as part of a settlement. Many settlement figures cannot be revealed as part of the confidentiality agreement the plaintiff signs. There is little public information available regarding asbestos verdicts in Rhode Island.
One notable 2007 case from an unaffiliated law firm, involved a former mechanic who developed mesothelioma after working in this capacity for 38 years. He largely worked on brake and clutch repairs. The case was brought against several defendants, including General Motors and Ford, which used asbestos in some of their automotive parts. The jury awarded the man $2 million in damages.
There have also been several large fines imposed on Rhode Island companies that violated environmental protection laws. Several of these fines have been in the six figures.
Rhode Island Mesothelioma Law Firms
Several Rhode Island personal injury attorneys focus their practice on mesothelioma and asbestos cases. Some local Rhode Island law firms that may become co-counsel include:
A law firm that has been in practice for many years during which time it has made immense recoveries in verdicts and settlements for its personal injury victims. The firm promises to provide personalized attention to its clients and not delegate tasks to legal assistants or others who are not equipped to provide assistance. The firm helps with personal injury lawsuits, along with workers’ compensation and disability claims, so individuals may be able to receive compensation from a number of different avenues. Their attorneys are often asked to provide public speaking services for the community.
A law firm that is a highly regarded Rhode Island personal injury firm. It has provided significant assistance to its clients for over many years, assisting with all aspects of their personal injury and wrongful death claims. They have secured multiple verdicts and settlements for individuals who were harmed by the negligence of others.
A Rhode Island law firm that is knowledgeable about the various causes of mesothelioma and other asbestos-related diseases. Its attorneys understand the grave nature of a disease of this type. The attorneys are familiar with state-specific laws regarding asbestos claims. They have secured ample amounts of compensation for their personal injury victim clients. They have been recognized with national honors and accolades.
