Asbestos Premises Liability Lawsuits
The first successful mesothelioma lawsuit in the United States—Borel v. Fibreboard, filed in 1969—made history.
Clarence Borel was an industrial insulation worker, a contractor who spent decades inside shipyards, refineries, and chemical plants along the Gulf Coast. He worked at the Texaco plant in Port Arthur and the Mobil refinery in Beaumont, Texas—environments thick with asbestos dust from the materials he handled and the spaces he worked in.
Every day, he breathed that dust deep into his lungs where it first caused him to have asbestosis, and then later pleural mesothelioma. At the time, the law only allowed him to sue the manufacturers of the asbestos products he installed. But today, he could have also brought claims against the owners of the facilities where he was exposed.
That’s because the law has evolved.
Over the decades since Borel, courts have recognized that property owners—like the companies that operated those refineries—also have a duty to provide a safe environment. If a building owner knew (or should have known) about asbestos hazards and failed to warn or protect workers, they can now be held legally responsible.
These types of lawsuits—called premises liability claims—are now a routine part of asbestos litigation. They’ve provided compensation for thousands of workers, contractors, and visitors who were exposed to asbestos not just through products, but through the properties where those products were used, stored, or allowed to deteriorate.
Today, asbestos law doesn’t just ask who made the product. It asks who let it happen.
How Premises Liability Lawsuits Work in Asbestos Cases
Under premises liability law, property owners have a basic responsibility: keep people safe. That includes workers, contractors, and anyone else lawfully on the property. If the owner knows there’s a dangerous condition—like asbestos—and fails to warn people or take reasonable precautions, they can be held liable for the harm that results.
Asbestos premises lawsuits typically arise from places like refineries, factories, shipyards, and power plants—sites where asbestos was everywhere: in insulation, pipe coverings, machinery, and structural materials. Many of these facilities continued using asbestos long after its dangers were well known, failing to warn the people working inside.
These lawsuits target the owners and operators of those properties—not the manufacturers of the asbestos products, but the companies that controlled the environment where exposure happened.
What You Have to Prove
To win a premises liability case, a plaintiff generally has to prove four things:
1. The Property Owner Had a Duty of Care
If you’re invited onto someone’s property—whether as a worker or visitor—they owe you a duty to keep the space reasonably safe or warn you of hidden dangers.
Example: A refinery brings in outside contractors for maintenance. Management knows asbestos insulation is still on the pipes. They have a duty to tell the contractors and take steps to protect them.
2. The Owner Breached That Duty
The property owner fails to act. They don’t post warnings, don’t provide respirators, don’t offer training. And the danger—exposure to airborne asbestos—continues unchecked.
Example: No one tells the contractors about the asbestos. They rip out pipe coverings without masks, sending deadly fibers into the air.
3. The Exposure Caused the Illness
Years later, one of those workers develops mesothelioma. Medical experts link it to the time spent at that site, where asbestos was disturbed and no protections were in place.
4. The Illness Caused Harm
The worker now faces enormous medical bills, can’t work, and suffers physically and emotionally. All of it—the costs, the suffering—stem from an exposure that could have been prevented.
Together, these elements form the basis of a premises liability claim. The key is showing that the property owner knew about the danger, failed to act, and that failure led to life-altering consequences.
In asbestos cases, this pattern repeats again and again: companies that knew the risks but didn’t warn the people they brought onto the property. That’s why premises liability law exists. It holds those companies accountable—not just for what they did, but for what they failed to do.
How Premises Liability Law Applies in Asbestos Cases
What makes asbestos different from other hazards isn’t just how dangerous it is—it’s how long it takes to cause harm. A worker might breathe asbestos dust in a refinery in 1974… and not be diagnosed with mesothelioma until 2024.
That long latency period doesn’t excuse the companies that caused the exposure. If a property owner knew—or should have known—about the risk of asbestos and failed to act, they can be held accountable, even decades later.
And many of them did know. By the 1940s, internal memos, insurance bulletins, and medical journals were all warning of the dangers of asbestos. Yet countless industrial facility owners kept quiet, failing to inform the people they brought onto their properties. Contractors, laborers, even short-term visitors were exposed without warning, without respirators, without a chance.
These failures are at the heart of modern premises liability lawsuits.
Real-World Examples of Asbestos Premises Liability
A contractor is hired to repair steam lines in a chemical plant. The pipes are wrapped in friable asbestos insulation, but no one tells him. He works unprotected, day after day, unknowingly inhaling deadly dust.
A shipyard worker maintains ventilation units in a poorly ventilated engine room. Asbestos gaskets and insulation crumble during the job. The owner knew of the hazard but never provided masks or training.
A visitor tours a manufacturing facility. The building’s aging insulation is deteriorating and releasing fibers into the air. Decades later, that brief but intense exposure leads to a fatal diagnosis.
Why These Lawsuits Matter
Premises liability lawsuits do more than compensate victims. They expose patterns of negligence and force property owners to take responsibility for long-term harm they allowed to happen.
In some of the most disturbing cases, large corporations purposely outsourced the risk. Rather than expose their own employees to asbestos, they hired outside contractors—people they saw as expendable—to do the dangerous work. The logic was chilling: better the contractor gets sick than our own crew. Especially since they knew it would be decades before the contractors did get sick.
These lawsuits shine a light on those decisions. They hold property owners accountable not just for what they did—but for what they knowingly allowed others to suffer.
Who Can File an Asbestos Premises Liability Lawsuit?
If you were exposed to asbestos on someone else’s property, and that exposure led to an illness like mesothelioma or asbestosis, you may have the right to file a premises liability lawsuit—even if the exposure happened decades ago.
These lawsuits aren’t just for full-time employees. Many of the most successful claims have come from:
Contractors and subcontractors
Vendors and business visitors
Family members exposed through take-home fibers
Surviving spouses and children filing on behalf of a loved one
Here’s how the law typically applies:
Contractors and Other Workers
If you were hired to work at a facility—like a refinery, shipyard, factory, or plant—you may have a valid claim against the property owner, even if they weren’t your direct employer. That’s because most contractors aren’t covered by the owner’s workers’ compensation insurance, so they can sue directly.
Example: A contractor is hired to replace steam pipes at a refinery. The owner knows the insulation contains asbestos but doesn’t warn the crew or provide respirators. Years later, the contractor develops mesothelioma and sues the property owner—not the employer—under premises liability law.
⚠️ Note: If you were a direct employee of the property owner, workers’ compensation laws may limit your ability to sue. But many exposed individuals were third-party contractors, meaning they’re not barred from filing.
Vendors, Visitors, and Invitees
People who enter a property for the owner’s benefit—such as delivery drivers, inspectors, business partners, or maintenance crews—are known as “invitees.” Property owners owe invitees the highest duty of care under the law. That includes protecting them from known hazards like asbestos.
Example: A vendor regularly drops off supplies at a manufacturing plant. The loading dock is lined with deteriorating asbestos insulation, but no warnings are posted. Years later, the vendor develops asbestosis from repeated exposures during deliveries.
Family Members Exposed at Home (Take-Home Exposure)
Some states allow family members to sue property owners when asbestos exposure occurred indirectly—through contaminated work clothes or gear brought home from the job site. These are known as take-home exposure claims.
Courts that allow these lawsuits typically recognize that the danger was foreseeable: Property owners knew asbestos was deadly, and they knew workers went home each night covered in dust.
Example: A refinery worker regularly handled asbestos insulation and brought the dust home on his clothes. His wife washed those clothes for years—never warned, never protected. She later develops mesothelioma and sues the refinery for failing to prevent foreseeable take-home exposure.
🧼 Property owners could have prevented this—by offering on-site showers, disposable uniforms, or laundry services. Many didn’t, even though it had been well-established by the late 1940's that employer-provided uniforms and on-site laundry were tools to protect worker health.
Wrongful Death Lawsuits by Surviving Family
When a loved one dies from an asbestos-related disease linked to exposure on someone else’s property, their surviving family may file a wrongful death claim. These lawsuits can seek compensation for funeral costs, medical bills, lost income, and the emotional loss of a parent or spouse.
Example: A union electrician worked on-site at a steel plant for years. The plant failed to warn workers about asbestos exposure. Decades later, he is diagnosed with mesothelioma and dies soon after. His children file a wrongful death lawsuit against the property owner.
Loss of Consortium Claims by Spouses
Asbestos doesn’t just affect the person who gets sick—it affects the whole family. Spouses can file loss of consortium claims to seek compensation for the loss of companionship, intimacy, and shared life caused by the illness.
Example: A shipyard worker develops severe asbestosis, leaving him too sick to work, socialize, or support his partner emotionally. His wife files a consortium claim against the property owner, citing the profound toll on their marriage.
The Challenge—and Importance—of Take-Home Exposure Claims
Take-home exposure lawsuits aren’t permitted everywhere. Some states only allow claims from people exposed directly on the property. Others recognize that family exposure was a foreseeable risk—and that companies had a duty to prevent it.
At our firm, we understand just how devastating take-home exposure can be. We’ve seen spouses and children suffer the same cruel illnesses as the workers who unknowingly brought the danger home. That’s why we fight to hold property owners accountable—even when the law is complex, the timelines are long, and the odds seem stacked against you.
Every state’s laws are different. But one thing never changes: You deserve justice. And we’re here to help you fight for it.
How We Handle Asbestos Premises Liability Lawsuits
Asbestos premises liability cases are complex. They require more than just paperwork—they demand a deep investigation, expert coordination, and the ability to prove a link between a deadly illness and a decision made decades ago.
We’ve developed a proven system to identify exposure, prove negligence, connect the illness to the property, and fight for full compensation. Here’s how we do it:
Step 1: Proving Exposure on the Property
We start by proving the victim was exposed to asbestos on the defendant’s property—and that the exposure was significant enough to cause disease.
What We Do:
Dig through job site records, safety logs, blueprints, and material inventories to find evidence of asbestos use.
Interview former coworkers, supervisors, and other witnesses who can describe the conditions on-site.
Bring in industrial hygiene experts to reconstruct asbestos levels and how fibers were released into the air.
Example: A former contractor develops mesothelioma decades after retrofitting a power plant. Our investigation uncovers asbestos-insulated boilers and maintenance logs showing high dust levels during shutdowns. Coworkers confirm no masks or suits were provided. We build a clear picture: exposure happened here, and it was preventable.
Step 2: Proving the Property Owner Was Negligent
Next, we show that the property owner knew or should have known about the danger—and failed to take action.
What We Do:
Uncover internal memos, maintenance reports, and corporate communications acknowledging the presence of asbestos.
Show that no safety measures were taken—no warnings, no protective gear, no training.
Bring in experts to demonstrate what a reasonable property owner should have done to protect people on-site.
Example: We represent a worker exposed in a factory where asbestos lined the ceiling and pipes. We find 1980s-era documents from management acknowledging the hazard—but choosing not to inform outside contractors. That paper trail proves negligence: they knew, and they did nothing.
Step 3: Proving the Exposure Caused the Illness
This is where many cases are won or lost. We have to prove that the exposure on that property was a substantial cause of the client’s illness—even if decades have passed and other exposures may have occurred.
What We Do:
Work with medical experts who specialize in asbestos-related diseases like mesothelioma and asbestosis.
Use job site records, timelines, and expert modeling to show how the exposure happened and why it matters.
Anticipate and rebut defense arguments about “other possible sources” of exposure.
Example: A union pipefitter works a shutdown and turnaround at a major Gulf Coast refinery in the late 1970s. He’s brought in to replace valves and flanges wrapped in aging asbestos insulation. The jobsite is hot, dusty, and chaotic—no one wears masks, and there are no warnings about asbestos. Decades later, he’s diagnosed with peritoneal mesothelioma, a rare but deadly cancer linked to asbestos exposure. We prove that his time at the refinery—during that intense, fiber-filled turnaround—was a significant contributing cause of his illness.
Step 4: Documenting the Full Extent of Harm
Finally, we show just how devastating the illness has been—for the victim and their family. That means going beyond medical bills to tell the full story of what was lost.
What We Do:
Gather medical records, treatment histories, and expert reports on the prognosis.
Calculate lost wages, benefits, and future earning potential.
Interview family members to document the emotional toll, lost companionship, and diminished quality of life.
Example: A worker with mesothelioma undergoes major surgery, chemotherapy, and oxygen therapy. He can no longer work, care for his family, or enjoy his retirement. His wife testifies about the pain of watching him decline. We ensure the jury—and the defendants—understand exactly what this exposure cost.
Why Time Matters
Every premises liability case is governed by a statute of limitations—a legal deadline that varies by state. Once that window closes, you may lose the right to file a claim, no matter how strong your case is.
If you or a loved one was exposed to asbestos on someone else’s property, don’t wait. We offer free consultations and a clear path forward. You tell us your story. We’ll tell you your options—and how we can help.
How Visitor Status Affects an Asbestos Premises Liability Case
In asbestos premises cases, the property owner’s legal duty depends on why the injured person was on the property in the first place. Most successful claims involve invitees—but visitors and even trespassers may have legal standing under the right circumstances.
Invitees: People invited onto the property for the owner’s benefit—like workers, contractors, or delivery personnel. Property owners owe them the highest duty of care, including inspecting for hazards and taking action to prevent harm.
Example: A pipefitter is hired during a refinery shutdown to replace steam lines. The owner knows the insulation contains asbestos but says nothing and provides no protection. The worker later develops mesothelioma. As an invitee, he can hold the property owner liable for failing to maintain a safe jobsite.
Licensees: Visitors who are allowed on-site for their own purposes—like social guests or former employees. Owners must warn them about known, non-obvious hazards, but don’t have to actively inspect for dangers.
Example: A retired worker visits a plant and is exposed to airborne asbestos in a restricted area. The owner knew it was hazardous but failed to warn him. As a licensee, the visitor may still have a viable claim.
Trespassers: People who enter without permission. In most states, owners owe them only minimal duties—typically just to avoid intentional harm. But if a danger is foreseeable and unaddressed, limited liability may still apply.
Example: A scavenger enters an unsecured, abandoned warehouse with exposed asbestos. The owner knew about the hazard and did nothing. While a harder case to win, liability may still exist if the danger was obvious and preventable.
What Compensation Is Available in Asbestos Premises Liability Lawsuits?
Premises liability lawsuits can provide significant compensation to victims of asbestos exposure and their families. These damages cover the financial, physical, and emotional toll of asbestos-related illnesses like mesothelioma, lung cancer, or asbestosis.
Here’s what you may be entitled to:
1. Economic Damages
These are the measurable, out-of-pocket costs tied to the illness—things like medical bills, lost income, and travel for treatment.
Example: Maria, a pipefitter, developed mesothelioma after working shutdowns at a Texas refinery. She racked up $150,000 in medical bills for surgery and chemo, lost two years of wages ($100,000), and spent $10,000 traveling to a top cancer center. Her economic damages totaled over $260,000.
2. Noneconomic Damages
These cover the personal, emotional impact of the disease—pain, suffering, lost quality of life, and strain on relationships.
Example: David, a plant maintenance worker, developed asbestosis. He could no longer hike, garden, or play with his grandkids. His wife filed a loss of consortium claim, as their marriage suffered deeply. Together, they were awarded compensation for lost joy, emotional distress, and disruption to their family life.
3. Punitive Damages
When a property owner’s conduct is especially egregious—deliberate, reckless, or profit-driven—a jury may award punitive damages to punish and deter.
Example: Karen, a contractor, worked a project at a shipyard that had known asbestos hazards for decades. Internal documents showed management refused to abate it to cut costs. A jury awarded $1 million in punitive damages, citing intentional disregard for worker safety.
4. Wrongful Death Damages
When someone dies from an asbestos-related illness, their family may file a wrongful death lawsuit. These claims seek damages for funeral costs, medical expenses, loss of income, and the emotional loss of a spouse or parent.
Example: Lisa’s husband, a union welder, died of lung cancer caused by exposure at a power plant. She filed a wrongful death claim and recovered compensation for his treatment costs, burial expenses, lost income, and the profound loss of his presence in her life.
Every case is different. But in every case, you deserve full compensation for what was taken from you—whether it was your health, your loved one, or the life you were planning to live. Our team is here to help you fight for every dollar the law allows.
How Premises Liability Lawsuits Fit into the Bigger Picture
Premises liability is just one way to seek justice for asbestos exposure. In many cases, victims have multiple types of claims, each targeting a different party responsible for their exposure. Filing all available claims ensures the broadest path to compensation.
Premises Liability Lawsuits
Holds property owners accountable for failing to warn or protect people from known asbestos hazards on their premises—especially at refineries, factories, power plants, and shipyards.
Example: A contractor sues a power plant owner for failing to warn about asbestos-lagged pipes, leading to his mesothelioma.
Product Liability Lawsuits
Targets the manufacturers of asbestos-containing materials used on the property—like insulation, gaskets, cement, or joint compound.
Example: That same contractor also sues the company that made the asbestos insulation he removed during the job.
Learn more about product liability lawsuits.
Wrongful Death Claims
Filed by surviving family members when a loved one dies from an asbestos-related illness. These lawsuits seek compensation for funeral costs, lost income, medical bills, and the emotional toll of the loss.
Example: A boilermaker exposed to asbestos during a refinery shutdown is diagnosed with mesothelioma decades later and passes away shortly after. His wife and adult children file a wrongful death lawsuit against the property owner, seeking justice for his preventable death and financial support for the family he left behind.
Learn more about wrongful death claims.
Asbestos Trust Claims
Allows victims to file with bankruptcy trusts created by asbestos companies. These claims can be processed without filing a lawsuit and often provide quicker partial compensation.
Example: The contractor also files claims with several trusts linked to insulation brands he encountered at the power plant.
Learn more about asbestos trust claims.
Workers’ Compensation
Applies when the exposure happened while working directly for the property owner. It doesn’t require proving fault, but typically limits the amount of compensation.
Example: If the contractor was employed by the power plant itself, state law might require him to pursue a workers’ comp claim instead of suing.
Learn more about workers’ compensation claims.
A Realistic Example: If Clarence Borel Were Diagnosed in 2025
Imagine Clarence Borel is diagnosed with mesothelioma today, in 2025, after decades of industrial work.
In the 1960s, he worked shutdowns at the Texaco refinery in Port Arthur, Texas, insulating pipes and boilers. His employer was Fuller-Austin, a well-known insulation contractor. On the job, he recalled working with several asbestos-containing products:
Thermobestos (from Johns-Manville)
Unibestos (from Pittsburgh Corning)
Kaylo (from Owens Corning)
Here’s how his legal claims might look today:
Product Liability Lawsuit
He could file lawsuits against any solvent manufacturers of asbestos products he handled—if they still existed.Asbestos Trust Claims
Because Johns-Manville, Pittsburgh Corning, and Owens Corning all filed for bankruptcy and established trust funds, Borel would be eligible to file trust claims for the Thermobestos, Unibestos, and Kaylo exposures.Premises Liability Lawsuit
He could sue Texaco (now part of Chevron) for failing to warn him or protect him while working at their refinery—despite being a contractor.Workers’ Compensation Claim
Because Fuller-Austin was his direct employer, and Texas law bars most direct lawsuits against employers, he likely couldn’t sue them—but he might be able to file a workers’ compensation claim if Fuller carried coverage at the time.
By pursuing multiple avenues—premises liability, product liability, trust claims, and workers’ comp—Borel’s legal team would maximize his recovery and ensure no responsible party escaped accountability.
This is exactly the approach we take for our clients today.
Act Now to Protect Your Rights
If you or a loved one was exposed to asbestos on someone else’s property and later diagnosed with mesothelioma, asbestosis, or another asbestos-related illness, you may have the right to significant compensation—but only if you act in time.
Property owners had a legal duty to keep their spaces safe. When they failed, they put lives at risk. We’re here to hold them accountable.
At our firm, we focus exclusively on asbestos cases, including complex premises liability lawsuits. We know how to investigate your exposure history, identify every responsible party, and build a strong, evidence-backed case on your behalf.
⏳ Time Is Critical
Every asbestos case is subject to a statute of limitations—a legal deadline that varies by state. If you wait too long, you may lose your right to file a claim, even if you have a strong case.
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