One of the most daunting aspects of considering a mesothelioma lawsuit against those responsible is the sheer size and power of those you will be battling. The companies that used asbestos in their products and those that supplied work environments are some of the most recognizable names in the world, and it can be intimidating for an individual to pursue justice against them. Despite this, the American justice system provides a platform that allows a level playing field, and one where the little guy can often prevail. This was recently seen in a Louisiana court room, where a federal judge told Ford Motor Company that the family of a former mechanic who had died of mesothelioma had the right to file wrongful death claims against them on multiple grounds.
The story unfolded in the federal courtroom of U.S. District Judge Sarah S. Vance, where mesothelioma victim Victor Michel’s family had filed wrongful death claims against the corporate giant based on employer liability, negligence, premises liability and products liability. Ford had filed a motion to dismiss all the wrongful death claims on the premise that they were barred by the Louisiana Workers Compensation Act, but the judge indicated that the only theory that the company was not eligible to use was that of employer liability, and that all other claims could go forward. The judge agreed that though mesothelioma-related claims arising from an employment relationship were barred, all other claims of liability could be heard.
The family’s original wrongful death claim pointed to Michel’s work at the Crescent Ford Truck dealership as responsible for his mesothelioma: they say that the company was negligent in
“its care, custody, and control of the asbestos-containing products” that he worked with while in their employ. Though Ford argued that the family’s argument was overly broad in its claim that they could be held responsible for exposure based on its position as either employer or as owner of the property where he worked, the judge dismissed that approach, saying that it was reasonable to treat Ford as both employer and premise defendant.
If you’ve been diagnosed with malignant mesothelioma, the best way to get past your fear of battling the big companies is to seek help from an experienced mesothelioma attorney with a record of success against the asbestos giants. Contact us today at 1-800-966-2244 to learn more.