Asbestos in Schools

Schools can be dangerous places. Scientific studies are raising fears among teachers and parents of children attending schools that contain asbestos. A recent study concluded, “Our study confirms the strong association between environmental asbestos exposure and malignant mesothelioma and suggests that environmental asbestos exposure in childhood may increase the overall cancer risk later in life.” ⁽¹⁾

Education workers also have reason to worry. Two other studies have noted increased risks of mesothelioma among teachers and education workers. ^{(2) (3)}

Educators, staff, and students suffering serious illness from exposure to asbestos in schools are likely to have concerns regarding your health and legal rights. This blog addresses getting justice if you have been exposed to asbestos in a school building.

Introduction

Older schools, built prior to 1989 when asbestos bans began to be instituted, are still in wide use today. ⁽⁴⁾ Asbestos-containing materials are being “managed-in-place” in these schools. In other words, asbestos that is undamaged and in non-friable condition — dry and does not crumble or reduce to powder by hand pressure — is allowed to remain. ⁽⁵⁾

Yet the science is clear. Exposure to asbestos is known to have serious negative health effects. ⁽⁶⁾

The difficulty for school administrators, parents, teachers, and children is that if disturbed, materials containing asbestos release asbestos fibers into the air. In the air, these fibers become very dangerous. For example, asbestos fibers can get into school heating and ventilation systems and travel throughout the building. Once fibers are inhaled, the fibers may become lodged in the lungs, causing scarring and damage over time and with repeated exposure. ⁽⁷⁾

The health risks of asbestos exposure can be deadly. Asbestos is associated with lung disease, and cancers, including one of the deadliest forms of cancer — mesothelioma. ⁽⁸⁾

Understanding Asbestos in School Buildings

Asbestos is a group of six naturally occurring mineral fibers and can be found in older schools. Exposure to all forms of asbestos pose serious health risks. ⁽⁹⁾

Yet, asbestos fibers were historically widely used in commercial products due to their heat resistance, strength, and flexibility. These qualities made them especially useful in building materials. Here are some of the most common products containing asbestos in school buildings: ⁽¹⁰⁾

• Ceiling and floor tiles.
• Cement products.
• Coatings.
• Heat-resistant fabrics.
• Roofing shingles.
• Vermiculite or talc products.

As the dangers of asbestos became clear, the U.S. Environmental Protection Agency (EPA) partially banned asbestos. In 1989, an EPA ban made it illegal to manufacture, import, process, and distribute asbestos products. In 2019, the EPA banned asbestos products no longer on the market from returning. In 2024, the EPA banned the last remaining products, made from chrysotile asbestos. Today, all forms of asbestos have been banned. ⁽¹¹⁾

”Asbestos can pose a health hazard when it is disturbed and asbestos fibers become airborne where they can be inhaled,” according to the EPA. ⁽¹²⁾

Inhalation of asbestos fibers is a critical factor, since this is the primary avenue of exposure to asbestos, according to the Agency for Toxic Substances and Disease Registry (ATSDR). ⁽¹³⁾

Asbestos materials can be disturbed through doing repairs or renovations, vastly increasing the likelihood of exposure. Scientific studies indicate that no amount of exposure to asbestos is safe. ⁽¹⁴⁾

Asbestos Exposure in Schools: Health Risks

Asbestos fibers can get into your lungs through inhalation. Fibers can then become trapped in your lungs, where they remain for long periods of time. Asbestos fibers also accumulate over time, causing scarring and breathing problems that can lead to serious health conditions. ⁽¹⁵⁾

Health conditions from asbestos exposure in schools include: ⁽¹⁶⁾

• Asbestosis — scarring in the lungs that makes it hard to breathe.
• Pleural disease — changes to the membrane surrounding the lung and chest cavity can lead to plaques and fluid buildup.
• Lung cancer — malignant tumors can block the air passageways in the lungs.
• Mesothelioma — cancer that forms in the membranes covering the lungs and chest cavity. It can also affect membranes lining the abdomen and other organs.

One review of multiple studies on children’s vulnerability to asbestos-related diseases after exposure reports, “people exposed to asbestos in childhood have a higher risk of mesothelioma than those exposed in adulthood.” ⁽¹⁷⁾

It can take years for symptoms of asbestos-related illnesses to appear. Mesothelioma, one of the deadliest cancers, can take as much as five decades for symptoms to present. ⁽¹⁸⁾

Legal Obligations of Schools to Manage Asbestos

Under the Asbestos Hazard Emergency Response Act (AHERA) legislation in 1986, Congress mandated school districts and nonprofit private schools must “inspect their schools for asbestos-containing building material and prepare management plans which recommend the best way to reduce the hazard from any asbestos-containing materials that may be present. Options include repairing damaged asbestos-containing material (such as spraying it with sealants, enclosing it) or removing it.” ⁽¹⁹⁾

The legislation also mandates, “The school district must also perform periodic surveillance of asbestos-containing material every 6 months in its schools. AHERA also requires accreditation of abatement project designers, abatement workers, supervisors, and building inspectors.” ⁽²⁰⁾

These requirements are known as “in-place” management of asbestos. Under this type of management, schools must remove damaged asbestos materials but can do periodic surveillance of undamaged asbestos materials. ⁽²¹⁾

One of the most concerning aspects of in-place management of asbestos is that activities in a school can disturb the asbestos. Since inspections are only done every six months, the time gap for possible exposure is significant. ⁽²²⁾

What To Do If You Suspect Asbestos Exposure in a School

What actions should concerned parents, teachers, or staff members take if you suspect asbestos in your school building? Here are the steps you should take immediately:

• Contact the school to get a copy of their asbestos management plan.
• Ask the school for the location of the asbestos and what actions have been taken to mitigate it.
• Talk to your children’s pediatrician if you are concerned about your children’s health. Discuss any symptoms they may be exhibiting, and if they need any medical tests performed.
• Contact your county and state health department with your concerns.
• Collect and save any relevant documents.
• Consider in the future filing a lawsuit against the parties responsible for exposing your children to asbestos if they become ill.

Asbestos exposure is not only about the victim. It also is about the impact asbestos exposure has on their family.

Legal Rights and Options for Families Affected by Asbestos Exposure in Schools

School districts that provide asbestos-containing products that students were exposed to, and the manufacturers of these products, should be held accountable if they have caused you or your children to get sick, even decades after you were exposed. For example, in automotive classes with students using gaskets, brakes, and clutches. Or clay in art classes using kilns and doing ceramics. Or even dental tape in a dental training program.

Asbestos-related diseases require extensive medical treatments that are expensive. Insurance companies do not always cover all of the costs involved. Families affected by asbestos exposure at school have the right to file legal claims for monetary compensation.

Victims of asbestos exposure can sue to receive financial compensation for medical expenses, pain and suffering, disability, loss of income, and loss of future income. Families of deceased victims may receive money for loss of companionship, bereavement, funeral expenses, and other related issues.

Proving Legal Negligence

To achieve the maximum compensation in your case, you need a lawyer. Your attorney files lawsuits against all parties responsible for your exposure. This includes parties that used the asbestos-containing materials to build the school, or manufacturers and distributors of asbestos products used within the school.

Your lawyer can also help you file a claim with appropriate asbestos trust funds (funds established by defunct companies to cover asbestos claims).

When you file a lawsuit, you are claiming that a party was negligent and exposed you to asbestos. Negligence is a legal term. It means the responsible party failed to act with the same level of care that any reasonable party would if the circumstances were similar. ⁽²³⁾

In your lawsuit, your lawyer needs to demonstrate that the responsible party should have known you could be harmed by the asbestos. You are also claiming that it didn’t take the necessary precautions to avoid or reduce the risk of that harm. ⁽²⁴⁾

Choose a Law Firm That Wins Asbestos Lawsuits

Your attorney should have experience with asbestos litigation and a history of successful outcomes in that litigation. Weitz & Luxenberg has the experience and a long history of getting compensation for our clients.

For example, W&L won a $16.7 million jury award against Thomas Scientific, on behalf of a married couple. The man was exposed to asbestos through laboratory products in the 1960s, while he was a student.

In another case, W&L won a verdict of $38 million against Burnham LLC, on behalf of a 66-year-old construction demolition worker with a history of smoking.

And W&L helped secure landmark results of $190 million in an asbestos verdict, the largest for a consolidated case in New York history.

Weitz & Luxenberg

If you or a loved one suffered serious health issues from asbestos exposure, reach out to an attorney as soon as possible. W&L has an entire asbestos litigation team eager to hear your story.

Weitz & Luxenberg has filed lawsuits against more than 100 different companies. We have helped more than 56,000 clients. We support and guide you through your asbestos in schools litigation process.

With W&L, your initial consultation is at no charge. You don’t pay us anything if we don’t win money for you.

Don’t wait! Reach out to us at (917) LAWYERS or fill out the form on this page.