Legal Question in Personal Injury in California
asbestos exposure
There�s a rock quarry in Jamestown, CA that sells material containing asbestos. A study in 2004 determined that asbestos samples collected in Jamestown contained amphibole fibers more than 60 microns long. The EPA study showed Jamestown asbestos to be highly toxic during animal inhalation testing. Customers including local governments and railroads (railroads use rock for rail road ballast) use material from this quarry. Many unpaved base rock roads in Tuolumne and many in Mariposa county have base rock that contains asbestos. Myself, my husband, and three kids have been exposed to asbestos because the county maintained road we use to access our property in Mariposa County, CA contains asbestos. I spoke with someone at the California State Air Resources board and they said it's illegal for Mariposa County to use road base containing more than .25 % asbestos without paving or concreting over it. Do I have a claim for the cost of clean up and having my family exposed to asbestos? If you are willing to take this case I will collect samples and pay to have samples tested to make sure they are above the .25%. If you are not interested in possibly looking to this matter for me could please refer me to someone who may be able to help.
2 Answers from Attorneys
Re: asbestos exposure
First, you haven't specified what actual damage you've suffered; you need medical expert's testimony that you have or will. Next, you would need a credible expert's testimony to prove that simply living by a road with fibers incapsulated in asphalt would likely harm you, and how. If you can meet those two challenges, then we can talk about the value of the case and your rights and remedies.
Re: asbestos exposure
If your property is harmed by the quarry, then they may be responsible for the clean-up. However, exposure to something does not get you a check. You have to prove damages. For instance, if you know many in your community who are suffering from some sort of cancer, etc., and it can be proven that there is a link between the cancer and the quarry, then there are damages. You need a expert to determine this and this cost big bucks.
Good luck.
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