Asbestos exposure is a significant health hazard that can lead to debilitating and deadly diseases such as lung cancer. If you’re experiencing symptoms of asbestos exposure or suspect that it may be present in your home, it’s important to understand your rights. At Nappa, Monterosso & Poznansky, LLP, our asbestos-exposure attorneys help clients and workers in the greater NYC area get the compensation and benefits they need. We can help you understand your landlord’s responsibilities and your rights as a tenant and determine whether you may have grounds for an asbestos exposure lawsuit.
Understanding the Risks of Asbestos Exposure
Due to its durability and resistance to heat and chemicals, asbestos was commonly used in construction materials such as insulation, floor tiles, and roofing materials. Although widespread use of asbestos stopped in the 1970s, it can still be found in millions of buildings and homes in NYC and around the world. When asbestos-containing materials (ACM) degrade or are disturbed, they release microscopic fibers into the air.
Inhalation of asbestos fibers can lead to severe health problems, including lung diseases such as asbestosis and mesothelioma, a rare, aggressive cancer. If you or a loved one has been exposed to asbestos in your home or business and became ill, your landlord could be liable for damages.
Landlords’ Responsibilities in New York
The NYC Housing Maintenance Code requires landlords to maintain habitable and safe living conditions. In New York City, asbestos is strictly regulated to protect public health. The New York City Department of Environmental Protection (DEP) enforces the Asbestos Control Program, which mandates the safe handling and removal of asbestos-containing materials. Under the law, landlords have specific obligations regarding asbestos exposure and removal:
Inspection and disclosure – Landlords are required to inspect their property for asbestos and disclose any known asbestos-containing materials to tenants.
Maintenance, repairs, and renovations – Proper maintenance of asbestos-containing materials is required to prevent deterioration and potential exposure. Landlords in New York City must have an asbestos survey performed by a DEP certified asbestos investigator to determine if asbestos-containing materials may be disturbed during the course of work on their building.
Abatement – If a hazardous condition like asbestos exposure is found, a landlord must have it removed or encapsulated by licensed professionals.
All landlords and building owners in the greater New York City area must comply with local, state, and federal asbestos regulations, including notifying DEP or other appropriate authorities of any asbestos abatement activities.
Your Rights as a Tenant in New York
As a tenant, you have the right to a safe living environment. You also have the right to be informed about any asbestos risks in your rental property and can request that the landlord remedy any unsafe conditions. If your landlord fails to address or resolve these issues, you may be able to pursue legal action for damages resulting from being exposed to asbestos.
Proving an Asbestos Exposure Lawsuit
It’s important to keep in mind that asbestos exposure symptoms don’t usually appear right away. Symptoms of asbestos exposure include chronic dry cough, chest pain and tightness, shortness of breath, and wheezing.
However, can take years for asbestos-related diseases to manifest, which can make bringing a claim against your landlord challenging. To successfully sue your landlord for asbestos exposure in New York City, you must demonstrate that the landlord had a duty to provide a safe living environment, that they breached that duty, and that their breach of duty caused you harm, such as illness or financial losses. An experienced asbestos-exposure lawyer will know how to use all available evidence to prove your case.
What to Do If You’re Exposed to Asbestos
If you suspect asbestos exposure in your rental property, document everything you can. Take photographs of any asbestos-containing materials, keep all correspondence with your landlord, and document any actions taken by the landlord/property owner. Regardless of whether you’re experiencing asbestos exposure symptoms, make sure to see a doctor for an evaluation.
Inform the landlord in writing about your concerns regarding asbestos. Request that they address the issue promptly. If they fail to act or don’t fix the problem properly, report it to local health and housing authorities. They can inspect the property and enforce asbestos regulation compliance.
Contact an Asbestos Exposure Attorney
Our asbestos exposure lawyers in New York can assess your case and determine whether you have a viable claim and the best path forward for a successful outcome. You may be entitled to recover compensation for damages such as medical expenses, lost wages, pain and suffering, and other asbestos exposure-related damages.
If you move forward with your case, your asbestos exposure attorney will guide you through the process every step of the way. Asbestos exposure cases are complex. Our attorneys can help you seek the justice and compensation you deserve and hold your landlord accountable. We assist clients in the greater NYC area with workers’ compensation claims and Social Security Disability cases as well.
Schedule a Consultation with Our Asbestos Exposure Lawyers in NYC
Whether you’ve been exposed to asbestos at home or at work, our team at Nappa, Monterosso & Poznansky, LLP can help you understand your rights and advise you of your options. Call us at 718-273-9000 or contact us to schedule a consultation with an asbestos exposure attorney in the greater New York City area today. Attorney and partner Rolando Cubela proudly serves our Spanish-speaking clients.
