Asbestos Laws in New York
New York is often called the birthplace of the asbestos
manufacturing industry. In 1858, a predecessor of the Johns Manville
Corporation began using anthophyllite mined in Staten Island to
manufacture asbestos insulation. Over the next century, asbestos use
spread to a variety of industrial applications in New York and beyond.
Now that the health hazards of these materials are well-known, New York
has enacted a number of laws and regulations to promote safe handling
and removal of materials containing asbestos.
Find An Attorney
Get help finding an attorney who knows the process and can get you and your family the compensation you deserve.Get Help Now
Many asbestos lawsuits are filed in New York courts. The distinction
is hardly surprising given high incidents of asbestos exposure in the
state. For many decades, asbestos was widely used in construction
projects and on other New York job sites, including oil refineries,
power plants and shipyards. As a result this widespread industrial use,
many thousands of New York workers were exposed to asbestos.
During World War II, as many as 70,000 workers may have been exposed to asbestos at the Brooklyn Navy Yard alone. Because of the long latency
periods, many of these and other exposed workers will likely develop
asbestos-related illnesses for years to come. Continued exposure to
asbestos in commercial and residential buildings as well as exposure to
tons of asbestos at the World Trade Center site following the terror
attacks of Sept. 11, 2001, also could contribute to future
asbestos-related illnesses.
Asbestos Case Management
In the late 1980s, New York amended its statute of limitations to grant
a one-year grace period for filing certain asbestos claims. The measure
allowed thousands of claimants to file cases that had previously
expired under the statute of limitations. By 2000, 12 percent of all
state court asbestos filings were made in New York.
Courts in New York City and Syracuse, New York, have established "inactive dockets" for asbestos cases. These courts place cases of claimants who allege asbestos exposure, but are currently unimpaired, on a separate inactive docket. Discovery and processing of such cases is delayed until the plaintiff's injuries have progressed.
These courts also adopt procedural rules and issue case management orders to address a backlog of cases. For instance, under "first in, first out" procedures, claims of terminally ill claimants are set aside for accelerated trials during one month, twice a year. These case management orders also include procedures for "clustering" groups of similar cases for trial and discovery. For example, multiple cases handled by a single law firm may be clustered into a group.
Courts in New York City and Syracuse, New York, have established "inactive dockets" for asbestos cases. These courts place cases of claimants who allege asbestos exposure, but are currently unimpaired, on a separate inactive docket. Discovery and processing of such cases is delayed until the plaintiff's injuries have progressed.
These courts also adopt procedural rules and issue case management orders to address a backlog of cases. For instance, under "first in, first out" procedures, claims of terminally ill claimants are set aside for accelerated trials during one month, twice a year. These case management orders also include procedures for "clustering" groups of similar cases for trial and discovery. For example, multiple cases handled by a single law firm may be clustered into a group.
New York Asbestos Case Verdicts
Although New York courts have made efforts to streamline the processing of asbestos cases
and promote quicker resolution, asbestos lawsuits reach varied
outcomes. For instance, hundreds of Brooklyn Navy Yard cases have
settled. Others have gone to trial. In 2004, a New York jury awarded a
total of $22 million to a former electrician and the estate of a former
seaman who worked at the Brooklyn Navy Yard. Four years later another
New York jury awarded $2.25 million to the family of another former
electrician at the Navy Yard who developed mesothelioma. Not all cases
have resulted in favorable verdicts for asbestos claimants.
New York law allows the award of punitive damages in personal injury cases. Punitive damage awards are generally used to discourage defendants from performing similar conduct in the future. An award of punitive damages can sometimes result in a very large total case verdict. In New York City, however, the judge who managed all asbestos litigation filed in the city between 1987 and 2008 "deferred" all punitive damages awards indefinitely. Her case management order effectively dismissed all punitive damages claims in her caseload. The case management order was limited to New York City asbestos cases and can be revised by future asbestos case managers.
New York law allows the award of punitive damages in personal injury cases. Punitive damage awards are generally used to discourage defendants from performing similar conduct in the future. An award of punitive damages can sometimes result in a very large total case verdict. In New York City, however, the judge who managed all asbestos litigation filed in the city between 1987 and 2008 "deferred" all punitive damages awards indefinitely. Her case management order effectively dismissed all punitive damages claims in her caseload. The case management order was limited to New York City asbestos cases and can be revised by future asbestos case managers.
Additional Resources
Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com