South Florida Personal Injury Blog

A woman in the Fort Lauderdale area was awarded $3.6 million by a jury in her personal injury case last week. Lynda Daly, 57, was exposed to asbestos when she worked in Ford dealerships during the 1970s. During the same period, she assisted her husband with brake repairs using Ford brake pads, which also contained asbestos. As a result of the exposure, Daly developed cancer in the form of mesothelioma. Daly’s personal injury attorney noted that mesothelioma is usually fatal within about two years of its discovery.

Malignant mesothelioma is caused by earlier exposure to asbestos, often by breathing in the particles. The cancer cells invade the mesothelium, which is the layer of tissue covering human internal organs. It occurs in the lungs in most cases.

The Broward jury found that Ford Motor Co. was responsible for Daly’s injuries dating back to the 1970s. The dangers of asbestos were documented decades ago, with the first lawsuit arising in 1929. Nonetheless, the United States did not issue regulations on the use of asbestos until 1989; even today, consumer products can legally contain very small amounts of asbestos. Other countries, such as Australia, have banned its use entirely. As a result of the lack of regulation and the negligent use of asbestos well after its dangers were documented, thousands of people like Daly develop mesothelioma and other cancers each year. Although asbestos were not yet regulated by the federal government, Ford should nonetheless have taken measures to prevent asbestos exposure.

Personal injury suits arising out of the workplace are quite common. Exposure to asbestos is no longer one of the most prevalent workplace hazards, although it is extremely serious due to the likelihood of contracting a terminal cancer. More commonly, workers suffer injuries from the operation of machines, from repetitive strain, fires, or electrical equipment. Workers may be hurt from falling in dangerous conditions.

Companies have a duty to take measures to provide their employees with a safe place to work. For instance, the company should provide its employees with training in the operation of dangerous equipment. In some cases, the company may even have a duty of care to an employee’s family member: the Tennessee Supreme Court ruled in September that a factory was negligent in failing to warn its employees of the dangers of asbestos. As a result, the daughter of a former employee contracted mesothelioma due to exposure to fibers on her father’s clothes (Satterfield v. Breeding Insulation). The company was aware of the dangers of asbestos at the time. The Court determined that although the insulation factory might not have foreseen the risk to family members, the risks of using asbestos and the impact on those exposed to the fibers were foreseeable.