Asbestos Product Liability Lawsuits

Not all dangerous products are illegal. Gasoline can explode. Rat poison can kill. Yet both are sold every day—and that’s okay, because we know what they are. The law just requires that dangerous products come with a clear warning.

That’s the core idea behind product liability law:

If a company sells something dangerous—and doesn’t warn people about the risk—they can be held accountable for the harm it causes.

When it comes to asbestos, product liability law has done far more than compensate victims. It’s the reason asbestos isn’t still being used in homes, schools, and job sites across the U.S. It’s the reason millions of lives were spared—and why workers today don’t have to breathe toxic dust on the job like generations before them did.

Countries without strong product liability laws—like Russia and China—still mine and sell asbestos to this day. But in the U.S., lawsuits like Borel v. Fibreboard exposed the truth, forced companies to change, and helped drive this deadly material out of everyday use.

That’s what makes asbestos product liability law so powerful. It doesn’t just provide justice for the past—it protects the future.

Borel - The Case That Changed Everything

But this shift didn’t happen on its own. It took one man—Clarence Borel—to take the asbestos industry to court and expose the truth.

Clarence was a pipefitter in Texas who spent years working with asbestos insulation. From 1936 to 1969, he worked across Gulf Coast jobsites—cutting Thermobestos at Mobil Chemical in Beaumont, fitting Unibestos at Jefferson Chemical in Port Neches, and installing Johns-Manville’s 85% Magnesia at Consolidated Steel in Orange. For over 33 years, he sawed, mixed, and breathed asbestos dust, unwarned of its risks. By 1969, mesothelioma and asbestosis had claimed his lungs, and he sued the manufacturers—Johns-Manville, Fibreboard, and others—who hid the danger. Though he died before the end, the 1973 Borel v. Fibreboard ruling made history and made the following changes to product liability law:

Strict Liability

• Manufacturers could be held legally responsible for the harm their products caused—even if they didn’t intend to cause injury or acted carefully in making the product. In asbestos cases, the product was considered defective under strict liability because it lacked a proper warning. If a company sold a dangerous product and failed to warn users about the risks, they were liable for the consequences.

Duty to Warn

• Companies had a legal obligation to inform workers and consumers of the health risks associated with asbestos exposure—especially since the danger wasn’t obvious. Failing to provide those warnings was a breach of duty. And when companies actively concealed or denied the risks, rather than simply staying silent, they could face punitive damages for their misconduct.

Joint and Several Liability

• The court in Borel v. Fibreboard recognized that asbestos diseases develop over time through cumulative exposure to many different products and sources. That meant victims like Clarence Borel — who worked with dozens of asbestos products over decades — didn’t have to prove exactly which product caused his disease. Instead, if a company’s product contributed to the overall exposure, that was enough to hold them liable.

• This legal concept is called joint and several liability. It means when multiple wrongdoers each contribute to an injury, and you can’t reasonably determine percentages of responsibility, they can all be held responsible for the full amount of damages.

• This rule protects victims in situations where dividing up the harm isn’t possible - such as when Clarence breathed asbestos fibers sold by multiple companies. And it's also the rule that lets us sue every company that made any asbestos product our clients may have been exposed to.

The Borel decision changed the legal landscape forever. It opened the door for thousands of workers and families to file lawsuits, uncover company secrets, and demand justice for what had been done to them. Learn more about Clarence Borel's lawsuit.

It also set the tone for decades of accountability. For the first time, product manufacturers had to put safety ahead of profits—or face the consequences. And the ripple effect still protects people today. Without Borel, asbestos might still be in brake pads, ceiling tiles, and home insulation sold across the country. Instead, companies were forced to stop and think twice—because someone finally made them pay for what they’d done.

Asbestos Product Liability Law Today

In today’s asbestos litigation, there are two main legal theories that explain why a product is considered “defective” under the law. Understanding the difference is key to understanding how these lawsuits work—and why some products are still legally allowed, while others trigger massive liability.

Manufacturing Defect

This applies when asbestos ends up in a product that wasn’t supposed to contain it at all. In other words, the product didn’t meet its intended design or composition—and that makes it automatically defective, even if it came with a warning.

• Example: Talc products, like Johnson & Johnson’s Shower to Shower, were marketed as safe for daily use. But due to the way talc and asbestos can occur together in nature, many talc-based powders ended up contaminated. Because these products were never supposed to contain asbestos, they are considered defective under a manufacturing defect theory.

Learn more about our ovarian cancer and talcum powder lawsuits

Failure to Warn

This is the most common theory in asbestos lawsuits—especially involving industrial products like insulation, pipe wrap, and brake pads.

Under the law, companies are allowed to sell dangerous products—but only if they clearly warn users about the risks.

You see this principle every day: many household cleaners contain toxic chemicals. You can still buy them—but they come with big warning labels, because they smell nice but will harm or kill you if misused. Asbestos was different. It was odorless, invisible, and deadly, and yet many companies gave workers no warnings at all.

If a company knew or should have known the product could cause cancer, and failed to provide clear, visible warnings, then the product is considered defective—even if it was made exactly as designed. And when companies actively tried to hide those risks, or lied about the dangers—as many asbestos manufacturers did—they may be subject to punitive damages on top of compensating victims.

The table below illustrated the difference between the two types of product liability lawsuits.

Comparing Two Defective Products: One Talc, One Industrial

Who Can Be Held Liable in an Asbestos Product Liability Lawsuit?

Most asbestos lawsuits involve multiple companies, not just one. That’s because exposure often came from many sources over time—different products, job sites, or roles—and many people knew what was happening and said nothing.

The law allows you to hold all responsible parties accountable—not just the original manufacturer. And the more companies that share the blame, the better chance you have of recovering full compensation.

Here are the main types of parties that may be liable:

Manufacturers of Asbestos Products

These are usually the primary defendants. They made the insulation, gaskets, pipe wrap, cement, brake pads, and other asbestos-containing materials—and sold them without warnings, even after they knew how deadly asbestos could be.

📎 In Borel’s case, one of the major manufacturers he sued was Johns-Manville, which made the Thermobestos insulation he cut and installed at Mobil Chemical in Beaumont.

These companies profited from dangerous products and never gave workers a chance to protect themselves.

Distributors and Suppliers

These companies acted as middlemen—moving asbestos products from the manufacturers to jobsites like refineries and chemical plants. If they knew, or should have known, the products were hazardous and failed to warn anyone, they can also be held liable.

In one case we worked on, we obtained an affidavit from a delivery driver who confirmed that he made routine deliveries to a particular refinery where our client worked.

Direct Employers - Sometimes

Some employers forced workers to handle asbestos without proper protection—or even discouraged them from wearing masks. While workers' compensation laws sometimes shield employers from lawsuits, exceptions exist, especially for cases involving extreme negligence, wrongful death, or secondary exposure.

Premises Owners

If you were exposed at a refinery, shipyard, or plant, the property owner may be liable for failing to maintain a safe environment or warn about known asbestos hazards. This is especially important for contractors and temporary workers, who didn’t control the site. Learn more about premises liability lawsuits and how they differ from product liability lawsuits.

Borel worked at Mobil Chemical and Jefferson Chemical—facilities he didn’t own or control. Were his case filed today, we would likely sue the premises owners, including successor companies like ExxonMobil.

Contractors and Maintenance Companies

These are the people and companies who actually installed, removed, or disturbed asbestos-containing materials—often during shutdowns, renovations, or daily maintenance.

🔨 In Borel’s case, much of his exposure came from working near contractor crews from Fuller-Austin and J.T. Thorpe, who were cutting and mixing asbestos products without any safety precautions.

If these contractors ignored safety rules or exposed nearby workers, they can be held responsible.

Successor Companies

Even if the original company is gone, its liabilities usually don’t vanish. If a company merged, rebranded, or sold its product line, the successor company may inherit responsibility—especially if they continued selling or profiting from asbestos products.

🏢 Today, we’d pursue not just Mobil, but ExxonMobil—as a successor to the original site owners and operators.

Asbestos Bankruptcy Trusts

Many of the worst offenders—like Johns-Manville—eventually declared bankruptcy. But as part of that process, they were required to set up asbestos trust funds to compensate future victims. Even if the company no longer exists, you can still file a claim. Learn more about asbestos trust claims.

📂 Borel would likely be eligible today for trust claims against Johns-Manville, Fibreboard, and other companies whose products contributed to his exposure. In fact, ten out of the eleven companies Borel sued now have asbestos trust funds to compensate individuals exposed to their products.

Why It Matters to Identify All Liable Parties

Every liable party adds another potential source of compensation—and another chance to uncover the truth. An experienced legal team will investigate your exposure history, track down the right companies, and pursue every claim you’re entitled to file.

What Compensation Is Available in Asbestos Product Lawsuits?

Asbestos-related illnesses don’t just take a toll on your health—they impact your finances, your relationships, and every part of your life. Product liability lawsuits allow you to recover compensation for the harm done to you and your family.

Depending on your case, you may be eligible for several types of damages:

Economic Damages

These cover your real financial losses—medical bills, lost income, travel for treatment, and more.

Example: John, a former auto mechanic, developed mesothelioma after working for decades with asbestos brake pads. His treatment cost over $250,000, and he had to retire early—losing $75,000 in wages. He also spent $20,000 traveling to a specialty cancer center. All of these were covered under his economic damages.

Noneconomic Damages

These address the human cost of asbestos exposure—your pain, your struggles, your loss of joy and connection.

Example: Robert, a retired construction worker with asbestosis, now struggles to breathe and can no longer play with his grandkids or go fishing. His wife filed for loss of consortium, since the disease also took a toll on their marriage. Together, they received compensation for physical suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages

These are awarded when a company’s actions were outrageously reckless—like covering up asbestos dangers to protect profits.

Example: Linda worked at a shipyard where the insulation manufacturer knew their product caused cancer—but kept selling it anyway. When she developed mesothelioma, the court awarded $5 million in punitive damages to punish the company for knowingly putting lives at risk.

Wrongful Death Damages

If a loved one died due to asbestos exposure, family members can recover compensation for the financial and emotional loss.

Example: Karen’s father died from lung cancer after working with asbestos gaskets at a refinery. Her family was compensated for his medical and funeral costs, the loss of his income, and the emotional weight of losing a father.

Survival Damages

These allow the estate of someone who has passed to recover for what the victim endured—pain, lost wages, and suffering between diagnosis and death.

Example: James, a retired pipefitter, battled mesothelioma for months before passing away. His family filed a survival claim to ensure he was compensated for what he went through before death.

Who Can File an Asbestos Product Liability Lawsuit?

If you or a loved one developed an asbestos-related illness, you may have the right to file a claim—even if the exposure happened decades ago.

There are two main categories of exposure:

Direct Exposure to Asbestos in the Workplace

If you worked with or around asbestos-containing products—especially in construction, refineries, shipyards, power plants, or factories—you likely had direct exposure. This includes:

• Handling asbestos insulation, gaskets, brake pads, etc.

• Working near others using asbestos products

• Tearing out or installing materials that released asbestos dust

Secondary Exposure (Take-Home Exposure)

Even if you never worked with asbestos yourself, you may have been exposed to asbestos by someone who did. Asbestos fibers cling to the clothes and shoes of asbestos workers, so they often unknowingly brought asbestos into the home.

Example: A woman develops mesothelioma decades after regularly washing her husband’s dusty work clothes. That dust? Asbestos. These “take-home” or secondary exposure cases are now a major part of asbestos litigation.

How We Prove Asbestos Caused Your Illness

You don’t need to remember every product you worked with, or every dusty jobsite you set foot on.
That’s our job. In asbestos lawsuits, the key legal question is causation: Did asbestos exposure from a particular company's product or place cause or contribute to your illness?

The short answer is: Yes, it can be proven—and we do it all the time.

What Is Causation?

In legal terms, causation means showing that you wouldn’t have gotten sick “but for” the exposure. It doesn’t mean asbestos was the only factor. It means it was a substantial contributing factor.

In asbestos cases, that usually breaks down into two parts:

General Causation

This simply means: Can asbestos cause this disease at all?

For mesothelioma, lung cancer, and asbestosis, the answer is universally yes. This part of the case is usually not disputed.

Specific Causation

This is the hard part—and the most important. It means: Can we prove your illness came from specific asbestos exposure?

That’s where our team goes to work.

How We Prove Specific Causation

We combine historical research, expert testimony, and decades of internal documents to:

Reconstruct Your Exposure History

We look at:

• Where you worked

• What products were used

• Who made them

• And how much exposure likely occurred

You don’t have to remember brand names or serial numbers—we can often identify them from old work orders, union records, or product catalogs.

The Advantage of Our Private Document Archives

One of the biggest reasons we win these cases: we already have the receipts.

Our firm maintains one of the largest private archives of asbestos-related documents in the country—including:

• Product records showing what asbestos materials were sold and shipped to job sites

• Workplace records proving asbestos was used at specific facilities during your time there

• Internal memos and safety reports where manufacturers admitted the dangers—but kept selling anyway

In some cases, we’ve been able to show the exact asbestos product that was delivered to a plant during the very shift a client worked.

This database gives us a huge head start—and helps us hold the right companies accountable, even decades after exposure.

Medical Experts Prove the Link

We work with doctors and industrial hygienists who specialize in asbestos-related disease. They’ll review your medical records, job history, and imaging results to confirm the diagnosis and connect it to your exposure.

What If You Smoked? What About Genetics?

• Smoking increases lung cancer risk—but not mesothelioma. Even for lung cancer, asbestos remains a distinct, provable cause.

• Genetics may play a role, but we show how asbestos triggered or accelerated the illness, not just underlying biology.

The Bottom Line

Yes, it’s hard to remember what happened 30 or 40 years ago.
Yes, exposure came from many sources.
Yes, companies tried to cover their tracks.

But that’s exactly why we’re here.

We’ve built our practice on reconstructing the past, finding the truth, and holding corporations accountable—even when they think no one’s watching.

Lawsuits are Just One Part of the Compensation Puzzle

Imagine Clarence Borel is diagnosed with mesothelioma in 2025, decades after working industrial shutdowns as an insulator.

In the 1960s, Borel worked at the Texaco refinery in Port Arthur, Texas, insulating pipes, boilers, and vessels. He was employed by a contractor called Fuller-Austin and regularly handled asbestos-containing insulation materials, including:

• Thermobestos (made by Johns-Manville)

• Unibestos (made by Pittsburgh Corning)

• Kaylo (made by Owens Corning)

All of these products were sold without warnings—even though their manufacturers were aware of the dangers of asbestos.

What Would His Product Liability Claims Look Like Today?

If those manufacturers were still in business today, Borel could file product liability lawsuits against them. His claims would be based on two key legal theories:

• Failure to warn: These companies sold asbestos products without warning workers about the health risks, even though they knew asbestos could cause fatal diseases like mesothelioma.

• Defective design: The products themselves were inherently dangerous—made with asbestos when safer alternatives existed.

Even though Borel didn’t make the choice to use these specific products, he was exposed simply by doing his job—and that’s exactly what product liability law is designed to address.

What If the Manufacturers Filed for Bankruptcy?

In Borel’s case, the manufacturers of all three products—Johns-Manville, Pittsburgh Corning, and Owens Corning—have since declared bankruptcy and established asbestos trust funds. So instead of filing lawsuits, he’d be eligible to file product-specific trust claims to recover compensation for each of those exposures.

We build this kind of case every day—by identifying exactly which asbestos products our clients worked with and holding the manufacturers accountable, through trust claims or lawsuits. You don’t need to remember every product—we’ll do the research.

Why Choose Us?

When it comes to asbestos cases, choosing the right law firm makes all the difference. The wrong approach can lead to delays, missed compensation, or unnecessary stress. The right team can change everything.

At The Law Offices of Justinian C. Lane, Esq. – PLLC, we've recovered nearly $400 million for individuals and families affected by asbestos-related illnesses. But we don’t just fight for results—we fight strategically.

• We maintain one of the largest private asbestos research databases in the country

• We collaborate with leading medical and legal experts

• And we build every case to maximize your compensation and protect your recovery

We’re not just here to file paperwork—we’re here to help you stake your claim, secure your future, and get the support you deserve.

Learn more about why families choose our firm »

Contact Us Today

If you or a loved one has been diagnosed with mesothelioma, lung cancer, or asbestosis, now is the time to act.

⚠️ Every state has deadlines—and once they pass, your chance for compensation may be gone.

Let us:

• Review your case for free

• Help you understand your options

• Take care of the legal burden so you can focus on your health and your family

📞 Call us at 833-4-ASBESTOS or Schedule a Free Consultation Online with the Form Below

You don’t pay us unless we win your case. There’s nothing to lose—and everything to gain.