Butte, MontanaButte Toxic Exposure
Butte Toxic Exposure Lawyers: Asbestos, Mesothelioma, Asbestosis and Chemical Exposure Claims in Butte-Silver Bow
Boland Aarab PLLP.
If asbestos or another toxic substance made you or a family member sick in Butte, you may have a claim against the companies that made, sold, installed or failed to control it. Asbestos diseases such as mesothelioma and asbestosis often appear decades after the exposure, and Montana’s discovery rule can delay the filing deadline, but not indefinitely. Talk with a lawyer as soon as a doctor connects your illness to an exposure.
Diagnosed with mesothelioma, asbestosis or another exposure-related illness? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why is asbestos a particular concern for Butte families?
Montana knows asbestos. A mine near Libby was the source of more than 70 percent of all vermiculite sold in the United States from 1919 to 1990, and that vermiculite was contaminated with asbestos. It was used in the majority of vermiculite attic insulation in the country. EPA advises homeowners who find vermiculite insulation to assume it contains asbestos and not to disturb it (EPA). In 2009, EPA declared a public health emergency at the Libby asbestos site, the first such determination under the Superfund law.
Butte’s buildings are old. Much of Butte’s housing and commercial building stock, especially in Uptown and the older neighborhoods on the hill, was built long before asbestos use was restricted. Asbestos can be found in insulation, pipe and boiler wrap, floor tile, plaster, roofing and siding. Disturbing those materials during remodeling or demolition can release fibers. In Montana, renovation or demolition in commercial and public buildings generally requires an inspection by an accredited asbestos inspector first, and larger jobs need a DEQ permit (Montana DEQ Asbestos Control Program). A contractor or owner who skips those steps can expose workers, tenants and neighbors.
Industrial work. Asbestos was widely used for decades in heavy industry: in insulation around boilers, furnaces and steam lines, in brake and clutch parts, in gaskets and in heat-resistant equipment. People who worked in industrial settings, on railroads, in power plants or in construction trades may have been exposed long ago, sometimes carrying fibers home on their clothes.
Butte’s other environmental history is a separate issue. The Silver Bow Creek/Butte Area Superfund site involves arsenic and heavy metals from historic mining, milling and smelting (EPA), not asbestos. Butte-area residents can get free testing of yards and interior and attic dust for lead, arsenic and mercury through the Residential Metals Abatement Program (EPA).
What are asbestos diseases, and why do they appear so late?
The main asbestos-related diseases are:
- Mesothelioma, a cancer of the lining of the lungs or abdomen, strongly associated with asbestos.
- Asbestosis, scarring of the lung tissue, usually after heavy exposure over time.
- Lung cancer and pleural disease, including thickening and plaques on the lining of the lungs.
The federal Agency for Toxic Substances and Disease Registry explains that mesothelioma risk depends mainly on the time since exposure and rises with time after a lag of about 10 years, and studies of exposed workers have found average latency of more than 30 years (ATSDR). Many people diagnosed today were exposed in the 1960s, 1970s or 1980s, which is why records from long-closed employers and job sites often matter.
What happens after an asbestos diagnosis in Butte?
- Get medical care from physicians experienced with asbestos disease, and tell your doctors about every job, home and building where you might have been exposed. Patients in Butte are often referred to cancer and lung physicians in larger medical centers.
- Write down your exposure history: employers, job sites, products, years, coworkers, homes you remodeled, and buildings where you lived or worked.
- Keep your records: medical records, pathology reports, employment and union records, Social Security earnings statements and old photographs.
- Do not disturb suspected asbestos in your home; use accredited professionals.
- Call a lawyer promptly. Mesothelioma often progresses quickly, and your own testimony about how you were exposed can be the most important evidence in the case.
Which court? A Butte exposure case can be filed in the Second Judicial District Court, Silver Bow County (§ 3-5-101(2), MCA), at the courthouse at 155 West Granite Street. Asbestos defendants are usually national manufacturers and suppliers, and many cases are removed to the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse (mtd.uscourts.gov). Some asbestos manufacturers went through bankruptcy and set up trusts that pay claims, which can be pursued alongside a lawsuit.
Montana law that applies
Briefly. Our Montana toxic exposure lawyer page covers the law in more depth.
- Strict product liability applies to dangerous products, including for inadequate warnings (§ 27-1-719, MCA), and a manufacturer may not defend with “state of the art” evidence of what it knew (Sternhagen v. Dow Co., 935 P.2d 1139 (Mont. 1997)).
- Latent disease exception: Montana’s 10-year product repose statute does not bar a claim against a manufacturer for a latent respiratory disease or malignancy that can take longer than 10 years to appear (§ 27-1-719(6)(b)).
- Discovery rule: for hidden or self-concealing injuries, the deadline does not begin until the facts were discovered or should have been (§ 27-2-102(3), MCA). The general deadline is 3 years (§ 27-2-204, MCA).
- Work exposure: workers’ compensation is generally the only remedy against your own employer (§ 39-71-411, MCA), but it does not bar claims against product makers, suppliers and property owners (§ 39-71-412, MCA). We do not handle the workers’ compensation claim itself.
- Wrongful death: when an exposure causes a death, the family may bring wrongful-death and survival claims (§ 27-1-513, MCA).
Why hire a Great Falls firm for a Butte case?
Because asbestos cases are proven with exposure histories, medical science and product identification, against defendants with national defense teams. We are based in Great Falls and handle cases statewide. Our attorneys travel to Butte to meet with you and your family, often at home when illness makes travel hard, and to take depositions and appear for hearings and trial. We do not have a Butte office, and our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- We handle asbestos exposure cases, including claims arising from decades-old exposure, and we build the exposure and scientific evidence they require.
- We know federal court, where many exposure cases are heard: more than 40 District of Montana cases over nine years.
- We try cases: more than a dozen jury trials and more than 4,000 hours in the courtroom.
- You work with the lawyers, Caitlin Boland Aarab and Samir Aarab, who handle your case themselves.
We also handle mass tort cases in Butte and wrongful death cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was just diagnosed with mesothelioma, but my exposure was decades ago. Is it too late? Not necessarily. Montana’s discovery rule and the latent-disease exception to the product repose statute can preserve claims for diseases that appear long after exposure. Call promptly, because the clock may start at diagnosis.
I found vermiculite insulation in my Butte attic. What should I do? EPA advises assuming it contains asbestos and not disturbing it. If it must be removed, use trained asbestos professionals.
My father worked around asbestos and died of lung disease. Can our family bring a claim? Possibly, through wrongful-death and survival claims against the companies responsible for the exposure. His work history and medical records are the starting point.
Is Butte’s Superfund contamination the same as asbestos? No. The Butte Superfund site involves arsenic and heavy metals from historic mining. Asbestos exposure usually comes from building materials, industrial products and insulation.
Where would a Butte asbestos case be heard? In the Second Judicial District Court in Uptown Butte, or in the federal Butte Division if a national defendant removes it.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
