Bozeman, MontanaBozeman Toxic Exposure
Bozeman Toxic Exposure Lawyers: Asbestos, Mesothelioma, Vermiculite and Chemical Contamination Claims in Gallatin County
Boland Aarab PLLP.
If asbestos or another toxic substance made you or a family member sick, you may have a claim against the companies that made, sold, disturbed or failed to control it. Asbestos diseases such as mesothelioma and asbestosis can appear decades after exposure. Montana’s discovery rule can extend the filing deadline, but the clock may start with a diagnosis, so talk with a lawyer promptly.
Diagnosed with an asbestos disease, or worried an exposure made you sick? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where does asbestos exposure come from in the Bozeman area?
Asbestos was used for decades in insulation, boilers, pipe wrap, plaster, roofing, flooring, brakes and gaskets. In the Gallatin Valley, the exposures we look at most closely are:
- Older buildings being remodeled or torn down. Bozeman’s growth means a steady stream of renovation and demolition of older homes, downtown buildings and commercial space. Drywall compound, plaster, floor tile, ceiling texture, boiler and pipe insulation, and roofing in those buildings can contain asbestos. Montana requires an inspection by a Montana-accredited asbestos inspector before renovation or demolition, and a DEQ permit and accredited contractor when regulated asbestos material above set thresholds will be disturbed (Montana DEQ Asbestos Control Program). When a contractor or owner skips those steps, workers, tenants and neighbors can be exposed.
- Vermiculite attic insulation. EPA reports that a mine near Libby supplied more than 70 percent of all vermiculite sold in the United States from 1919 to 1990, that the ore was contaminated with asbestos, and that Libby vermiculite was used in most U.S. vermiculite insulation, often sold as Zonolite. EPA advises homeowners to assume vermiculite insulation contains asbestos and not to disturb it (EPA). Many older Montana homes still have it in the attic or walls.
- Trades and industrial work. Insulators, plumbers, pipefitters, electricians, boilermakers, mechanics and railroad and power-plant workers who worked with asbestos products, sometimes decades ago and often in other parts of Montana or other states. Family members were exposed through fibers carried home on work clothes.
Montana’s asbestos history and why latency matters
Montana knows asbestos disease better than most states. Vermiculite was mined near Libby from the 1920s until 1990. EPA placed the Libby Asbestos Site on the Superfund list in 2002 and, in 2009, declared a public health emergency for Libby and Troy, the first such declaration under federal Superfund law (EPA site profile; EPA, June 17, 2009).
The federal Agency for Toxic Substances and Disease Registry lists four main asbestos-related conditions: asbestosis, pleural disease, lung cancer and mesothelioma, and notes that signs of mesothelioma may not appear until 30 to 40 years after exposure (ATSDR). Many people diagnosed in Bozeman today were exposed in the 1970s or 1980s, sometimes somewhere else entirely. Their cases are built by reconstructing work histories, job sites and the products used there.
Other contamination in Bozeman
Asbestos is not the only exposure concern. Two contaminated sites in Bozeman are matters of public record:
- Idaho Pole Company Superfund site, in northern Bozeman, where a wood-treating plant operated from 1945 to 1997 and left pentachlorophenol and polycyclic aromatic hydrocarbons in soil and groundwater. EPA removed most of the surface soils from the Superfund list in 2020, but groundwater, the treated soils area and some sediments remain under monitoring and use restrictions (EPA, Feb. 3, 2020).
- Bozeman Solvent Site, a state Superfund site north of West Main Street and east of North 19th Avenue, where tetrachloroethene (PCE) from a former dry cleaner reached groundwater that extends toward the East Gallatin River (EPA-filed Record of Decision).
A person with an illness, or a property owner with contamination on or under their land, may have claims against the companies responsible.
What happens after an asbestos diagnosis in Bozeman?
Medical care. Pulmonologists and oncologists confirm the diagnosis, often with imaging and a biopsy. Ask your physician to note your exposure history in your records.
Write down your work and home history. Every job, employer, job site and product you remember; where you lived; and what family members did for work.
Preserve records. Pay stubs, union cards, Social Security earnings statements and old photographs help prove where you worked. For a recent renovation exposure, keep contracts, invoices, photos and any asbestos inspection report.
Report current hazards. If asbestos is being disturbed now without proper controls, report it to Montana DEQ’s Asbestos Control Program.
The court. A case can be filed in the Eighteenth Judicial District Court at the Gallatin County Law and Justice Center, 515 South 16th Avenue, Bozeman (§ 3-5-101, MCA), or in another county where exposure occurred. Out-of-state manufacturers often remove cases to federal court; for Gallatin County, that is the Butte Division (D. Mont. L.R. 1.2). Claims may also be presented to trusts set up in bankruptcy by former asbestos manufacturers (11 U.S.C. § 524(g)).
Montana law that applies
Our Montana toxic exposure lawyer page explains the law in more detail. In brief:
- A manufacturer can be strictly liable for a dangerous product (§ 27-1-719, MCA), and Montana bars “state of the art” evidence in strict-liability cases (Sternhagen v. Dow Co. (Mont. 1997)). The product repose period has an exception for latent respiratory disease and cancer claims against the manufacturer.
- The discovery rule delays the limitation period for self-concealing injuries until the facts are discovered or should have been (§ 27-2-102(3), MCA).
- Workers’ comp is generally the only remedy against your employer, but claims against manufacturers, property owners and other contractors remain (§ 39-71-412, MCA).
- 3 years for most injury and wrongful-death claims (§ 27-2-204, MCA); 2 years for property damage (§ 27-2-207, MCA).
Why hire a Great Falls firm for a Bozeman case?
Asbestos cases are won by reconstructing decades-old exposure and assembling the science. We are based in Great Falls, handle toxic exposure cases across Montana, and our attorneys travel to Bozeman and wherever the evidence is for depositions, hearings and trial. We do not have a Bozeman office. We build exposure cases from the ground up.
The Boland Aarab Way
- Asbestos experience. We handle asbestos exposure cases, including claims arising from decades-old exposure.
- Federal court experience. More than 40 cases in the U.S. District Court for the District of Montana over nine years, which matters when a manufacturer removes a case.
- Trial-ready. Our attorneys have spent more than 4,000 hours in the courtroom.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle wrongful death cases in Bozeman and mass tort cases in Bozeman. See our Bozeman personal injury page for more.
Frequently Asked Questions
I was just diagnosed with mesothelioma in Bozeman, but my exposure was 40 years ago in another state. Can I still bring a claim? Often yes. Mesothelioma can appear 30 to 40 years after exposure, and Montana’s discovery rule generally runs from when the disease and its cause were discovered. Where the case is filed depends on the defendants and where exposure happened.
My contractor tore out old ceilings in my Bozeman house without testing. What can I do? Montana requires an asbestos inspection before renovation or demolition. If asbestos was disturbed without it, keep records, get any testing done, and talk with a lawyer about claims against the contractor.
Our attic has vermiculite insulation. Do we have a claim? Having it is not itself an injury. EPA advises not disturbing it. If someone in the home has an asbestos-related diagnosis, the insulation may be part of the exposure history.
Can family members bring claims for take-home asbestos exposure? Possibly. Spouses and children exposed to fibers on a worker’s clothing have brought claims in many courts. The facts of the exposure matter.
How long do I have after an asbestos diagnosis in Montana? Generally three years, and the clock can start with the diagnosis or a physician’s statement linking the illness to asbestos. Call promptly.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
