Would intentional explosure to Abestos be considered an injury in theory
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Would intentional explosure to Abestos be considered an injury in theory
We were a party to a public online auction in which the salvage rights to mechanicals were sold via competitive bidding The building is to be torn down, as such we won the rights. After a couple of days of removing the mechanicals we noted what we believed was Abestos after overhearing another bidder suggest it might be. No warning was give and no waivers signed. I am concerned about issues in the future. Do I have any recourse? How do I protect myself? We are not associated with the building owners.
Asked on April 7, 2018 under Personal Injury, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If someone provably knows that there is asbestos and doesn't warn others, leading to them being exposed and suffering illness or injury in the future, that person could be liable for their harm. Or he could be liable for the cost to remediate, if he knows about the presence of asbestos, doesn't warn any buyer(s), and they have to then remediate when the asbestos is discovered. It is knowledge of the asbsestos--of the risk--that can create liability.
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