[breadcrumb]
Kansas is home to three naturally-occurring asbestos deposits. Kansas is largely known for its agricultural industry and production of wheat.
Another historical industry that had traction in Kansas was the aviation industry, started in 1910. Many aviation manufacturers wanted high friction airplane brakes, which motivated manufactures to use brakes that had asbestos in them. This industry was largest in Wichita where Cessna had more than 8,000 aviation employees. Another large aviation employer in Kansas is Boeing, which has 14,000 current or former employees in Kansas. Some aircraft mechanics have developed mesothelioma or asbestosis, often because of their contact with airplane brakes that had asbestos contained in them.
Asbestos was also used to insulate machinery in chemical plants, including Harcros, which was founded in 1917 in Kansas City. Kansas City later opened other chemical and power plants over the next several decades, which exposed workers to asbestos. This material was commonly used in this application due to its heat-resistant properties. Farmland Industries in Dodge City is linked to possible asbestos use of crocidolite, a substance resistant to caustic chemicals, heat and electricity. Power plants are also linked to a higher incidence of asbestos exposure due to their common applicability for heat and fire resistance.
Asbestos was also used in oil refineries. Asbestos was used to prevent and contain fires in environments more vulnerable to have them. The Mid-America Refining Company was the subject of an EPA investigation. The agency found and removed roughly 190,000 tons of contaminated soil. The facility continued to serve as a threat to public health. If you or someone you know has been diagnosed with mesothelioma in Kansas, its important to contact our lawyers today to discuss lawsuit and trust claim options.
Quick Links:
Kansas Asbestos Regulatory Agencies
Kansas Mesothelioma Diagnoses
Kansas Laws Concerning Asbestos
Kansas Statute Of Limitations
Kansas Asbestos Trust Funds
Kansas Mesothelioma Verdicts and Settlements
Kansas Asbestos Exposure Site List
Kansas Mesothelioma Law Firms
Kansas Mesothelioma Diagnoses
Reports convey that Kansas is ranked 29th in the country for mesothelioma and asbestosis diagnoses. From 1999 to 2015, a minimum of 328 Kansas residents were diagnosed with mesothelioma. The mesothelioma diagnosis rate in Kansas is approximately 6.9 people per million annually. The eastern part of Kansas by Kansas City has the highest incidence of the disease in the state. Between 1999 and 2013, at least 103 Kansas residents were diagnosed with asbestosis and 1,248 Kansas residents were diagnosed from non-mesothelioma lung cancer during the same time period.
The majority of mesothelioma cases occurred in the following:
Kansas City – Wichita – Topeka – Shawnee – Lawrence – Olathe – Overland Park
Kansas Asbestos Laws
Kansas has a number of laws that impact asbestos litigation. These laws dictate what a plaintiff must prove to receive compensation for injuries caused by asbestos exposure and when claims must be filed. Additionally, the state has implemented tort reform that limits the amount of monetary damages claimants can receive in some cases and for certain types of damages.
Kansas Definition of Asbestos
Asbestos is defined under Kansas law and means “asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.” Additionally, friable asbestos containing material means any material that contains more than 1% asbestos, by weight, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure.”
Statute of Limitations
The statute of limitations is the time limit by which a plaintiff must bring a lawsuit. If the lawsuit is not filed before the expiration of the statute of limitations, the court can dismiss the case on these grounds if it is later brought. The statute of limitations in Kansas for a personal injury is two years. In the case of mesothelioma or another asbestos-related condition, the two year begins when the individual receives a diagnosis for mesothelioma. This is fortunate for mesothelioma patients because mesothelioma may not be diagnosed into decades after exposure to asbestos. For families filing a wrongful death lawsuit, the statute of limitations is also two years.
Court Exposure Standard
The court exposure standard is the standard that a plaintiff must show in an asbestos exposure case in order to receive compensation. If the plaintiff is unable to meet this burden, the judge or jury should not find in the claimant’s favor. The most common standard in asbestos cases is the Lohmann test, which requires showing that the defendant’s product and exposure to it were a substantial factor in the claimant developing mesothelioma or an asbestos-related condition. Kansas uses this standard and has incorporated it via a state statute.
Under this standard, a Kansas plaintiff must establish that the exposure to asbestos was a substantial factor in causing the plaintiff’s injury. To determine if exposure was a substantial factor, the court considers the manner in which the plaintiff was exposed, the proximity of the exposure to the plaintiff, when the exposure occurred, the frequency and length of the plaintiff’s exposure and any other factors that mitigated or enhanced this exposure.
Kansas Tort Claims Act
Like many other states, Kansas lawmakers have passed laws to reform tort claims. These laws limit the amount of damages that a plaintiff in a personal injury lawsuit can recover. The Kansas Tort Claims Act limits the liability of a governmental defendant in a tort action to $500,000 for any number of claims arising out of a single occurrence or accident. A governmental agency also cannot be liable for punitive damages. Additionally, the law limits the amount of damages to be awarded for pain and suffering to $250,000. Wrongful death claim damages are limited to $250,000 plus costs and pecuniary law suffered by an heir at law. Kansas juries are not informed about these limitations when calculating damages and the award is simply adjusted if it exceeds the applicable amount.
These limitations are considered to disfavor plaintiffs and favor asbestos companies.
Kansas State Asbestos Regulatory Agency
The Kansas Bureau of Air of the Kansas Department of Health and Environment is responsible for regulating asbestos in Kansas on the state level. It provides regulations that protect the public from harmful effects of asbestos exposure during the removal, renovation or demolition of construction projects. There are many asbestos regulations and asbestos statutes that must be carefully followed by contractors, project owners and other stakeholder.
Kansas Asbestos Trusts
The liability that companies faced after the discovery of the harmful effects of asbestos exposure was often daunting. Thousands of claimants pursued lawsuits against manufacturers and employers whom they claimed often knew about the dangerous effects of asbestos exposure and still exposed employees, their families, consumers and others to these effects, all while profiting. Many of these companies faced judgments in the millions and even billions. In order to continue doing business, some of these companies filed bankruptcy and reorganized. As part of this reorganization, some companies formed special asbestos trusts that handled the processing of these claims to compensate past and future claimants for the damages that they sustained. If a trust is available, the claimant does not have to go through the entire aspect of litigation.
While there are no trusts that are based on companies headquartered in Kansas or administered in Kansas, many of the companies that formed such trusts had a national presence and may have done business in Kansas. A Kansas mesothelioma lawyer can explain if trust funds are available for your claim.
Kansas Asbestos Site Exposure List
The state’s manufacturing companies, oil refineries, power plants, aviation employers and others that are associated with possible asbestos exposure include the following:
- Farmland Industries – Dodge City
- Harcros Chemical Company – Kansas City
- DuPont Chemical – Topeka
- Vulcan Chemical – Wichita
- Co-Op Oil Refinery – Lawrence
- Apco Oil Corporation – Arkansas City
- Texaco Oil – El Dorado
- Frontier Oil – El Dorado
- Mobil Oil Corp – Augusta
- Mid-America Refining Company – Chanute
- Wolf Creek Nuclear Generating Station – Burlington
- Barton Salt Company – Hutchinson
- Carey Salt Company – Hutchinson
- Morton Salt Company – Hutchinson
- Boeing – Wichita
- Acme Brick Company – Wichita
- Farm Belt Fertilizer Company – Kansas City
- Kansas Sand Company – Topeka
- Tri State Mill Supply Co. – Blue Rapids
- Joseph Memorial Hospital – Larned
- Gaskill Bolt and Rivet Co. – Horton
- Armco Steel – Kansas City
- Bendix Aviation – Kansas City
- Burn Zol Company – Kansas City
- Colgate Palmolive – Kansas City
- Edison Light & Power Company – Wichita
- Goodyear Tire & Rubber Plant – Topeka
- Kansas City Public Utilities – Kansas City
- Kansas Gas & Electric – Wichita
- Power & Lift – Coffeyville
- Vulcan Materials Company – Wichita
- Wichita Railway – Wichita
Kansas Mesothelioma & Asbestos Lawsuits
Due to the unfavorable plaintiff laws in the state, Kansas is not home to many asbestos verdicts. Some cases are filed but ultimately settled out of court. The amount of these settlements is often kept confidential as a condition of the settlement. Other claimants are able to make claims with asbestos trusts.
One notable case in public media involved a man who had worked as a carpenter for many years. He worked with asbestos-containing products, including insulation, drywall and joint compound paste. He was diagnosed with mesothelioma in October 2012. He filed a lawsuit against Georgia Pacific that made the joint compound paste that the carpenter used for 12 years. Georgia Pacific was the only company to take the case to trial. The jury determined that exposure to the insulation and not the joint compound paste was the carpenter’s primary cause of mesothelioma.
Another notable Kansas asbestos case in the public media was City of Wichita v. National Gypsum Company. In this case, the city sued the company which sold asbestos-containing materials that were used in the city’s cultural center. The city argued that the company misrepresented the products and caused a public health risk. In 1996, the Court of Appeals found the company was guilty of fraudulent misrepresentation and concealing existing health concerns.
Kansas Mesothelioma Law Firms
Kansas is home to several law firms that may serve as co-counsel to help mesothelioma victims and their families, including a law firm that works with clients in Wichita, Overland Park, Kansas City, Topeka, Olathe, Lawrence, Shawnee, Manhattan, Lenexa and Salina.
We have provided legal representation to mesothelioma victims for over 30 years. We have the resources necessary to prosecute complicated cases, but we provide individualized attention to every client. We may travel to your client to discuss the details of your case.
