A vermiculite mine in northwestern Montana was one of the principal industries for residents in the town of Libby. Unfortunately, a byproduct of mining vermiculite is asbestos, which, for decades, has been known to be a dangerous, toxic substance from which exposure can result in severe illness causing death.
Mine Owners Avoid Liability
While the mine’s owners escaped civil liability by declaring bankruptcy, the state of Montana was found to be liable for failing to intervene despite knowing that the asbestos dust from the mine was causing serious injuries and deaths.
Procedural History and Future
The mine just outside Libby, Montana closed in 1999. However, asbestos has been a known toxic substance since, at least, the 1950s. In 2004, the state’s Supreme Court overturned a 2002 decision and found that the state had a duty to warn the miners of the dangers, but failed to do so. Since then, there have been other cases holding the state liable. In 2011, a different group of approximately 1,000 plaintiffs settled similar asbestos injury claims against the state for $43 million.
The recent settlement involved individuals who had not been diagnosed as affected by the asbestos exposure at the time of the earlier settlements. Because of the sometimes decades long latency period for asbestos related illnesses, there may be more claims in the future if new diagnoses are made that are attributable to the Libby mine exposure.
Related Resources:
- Exxon Asbestos Verdict: $25M to Virginia Man (FindLaw’s Injured)
- Asbestos Ruling Favors Defendants in Products Liability Cases (FindLaw’s California Case Law)
- Mesothelioma Claims and Liability (FindLaw’s Learn About the Law)
- Asbestos Exposure: Risk Factors (FindLaw’s Learn About the Law)
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