Kalispell, MontanaKalispell Toxic Exposure
Kalispell Toxic Exposure Lawyers: Asbestos, Mesothelioma, Libby Vermiculite and Chemical Exposure Claims in Northwest Montana
Boland Aarab PLLP.
If asbestos or another toxic substance made you or a family member sick in the Flathead Valley or northwest Montana, you may have a claim against the companies that made, sold, released or failed to control it. Asbestos diseases such as asbestosis and mesothelioma often appear decades after exposure. Montana’s discovery rule can help with the deadline, but it has limits, so talk with a lawyer as soon as you suspect a connection.
Diagnosed with an asbestos disease, or worried an exposure made you sick? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why is asbestos a northwest Montana issue?
Libby is next door. Libby, in neighboring Lincoln County, lies west of the Flathead Valley along US-2. According to EPA, a mine near Libby was the source of over 70 percent of all vermiculite sold in the United States from 1919 to 1990. That vermiculite was contaminated with asbestos. ATSDR reports that it was contaminated with amphibole asbestos linked to asbestosis, lung cancer and mesothelioma. EPA placed the Libby Asbestos Site on the Superfund National Priorities List in 2002. In 2009 it declared a public health emergency for Libby and Troy, the first such determination EPA had made under the federal Superfund law.
The exposure did not stay in Libby. Miners and mill workers carried fibers home on their clothing. Ore and vermiculite products were hauled, processed and used across the region. People exposed in the Libby area decades ago may now live anywhere, including the Flathead Valley. The Center for Asbestos Related Disease (CARD) in Libby has long provided asbestos screening and care to people affected by Libby amphibole.
Vermiculite in Flathead homes. Vermiculite from Libby was used in most vermiculite insulation in the United States and was often sold as Zonolite. EPA advises homeowners to assume vermiculite insulation contains asbestos and to leave it undisturbed. Older Kalispell, Whitefish and Columbia Falls homes, cabins and outbuildings may still have it in the attic or walls. Remodelers, electricians and homeowners who disturb it without precautions may be exposed.
Older buildings and industrial sites. Asbestos was used for decades in pipe insulation, boilers, roofing, flooring, brakes and gaskets. Tradespeople who worked in older schools, hospitals, mills and commercial buildings around the valley may have been exposed years ago. Renovation and demolition of older buildings can still release fibers when done carelessly. Montana DEQ’s Asbestos Control Program requires accredited inspection before renovation and demolition work, permits to remove friable asbestos, and accredited workers.
Other exposures. Valley residents also bring claims over solvent and chemical exposures, carbon monoxide from defective heaters, pesticide drift, and contaminated wells.
What happens with an asbestos or toxic exposure claim from Kalispell?
We handle asbestos exposure cases, including claims for asbestosis, pleural disease, lung cancer and mesothelioma. Here is how they typically move.
Diagnosis and records. Asbestos disease is usually diagnosed through imaging, pulmonary testing and, for cancer, pathology. Diagnosis and treatment may happen at Logan Health in Kalispell, at CARD in Libby, or at a cancer center elsewhere. We collect every record, along with a full work and residence history.
Reconstructing the exposure. Exposure often happened decades ago, at several jobs and from several products. We rebuild it from Social Security earnings records, union and employer records, co-worker testimony and product identification. Responsible parties can include product manufacturers and distributors, property owners and contractors, and trusts created in bankruptcy by former asbestos companies.
Where the case goes. A Flathead County case is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. A case arising from exposure in Libby or Troy may belong in Lincoln County, the Nineteenth Judicial District. Out-of-state manufacturers often remove these cases to the U.S. District Court’s Missoula Division, which covers both Flathead and Lincoln Counties.
Timing. Mesothelioma may not appear until 30 to 40 years after exposure, according to ATSDR. The deadline may start with a diagnosis, or when a physician links the illness to asbestos. That is why we ask people to call soon after a diagnosis, not years later.
Montana law that applies
In brief; see our Montana toxic exposure lawyer page for the full treatment.
- The diseases. ATSDR describes asbestosis, pleural disease, lung cancer and mesothelioma as the main asbestos-related conditions (ATSDR, Health Effects of Asbestos).
- Strict liability. Makers and sellers of unreasonably dangerous products are strictly liable (§ 27-1-719, MCA). Montana bars “state of the art” evidence in strict-liability cases (Sternhagen v. Dow Co., 935 P.2d 1139 (Mont. 1997)).
- Latent disease. The product-repose rule has an exception for latent respiratory diseases and malignancies in claims against the manufacturer (§ 27-1-719(6)(b)).
- Discovery rule. The limitation period can be delayed when the facts are self-concealing (§ 27-2-102(3), MCA).
- Deadlines. Generally 3 years for injury and wrongful death (§ 27-2-204, MCA), and 2 years for property damage (§ 27-2-207, MCA).
- Work exposures. Workers’ comp is generally the only remedy against your employer, but claims against manufacturers and other companies are preserved (§ 39-71-412, MCA). We handle those third-party claims, not the comp claim.
Why hire a Great Falls firm for a Kalispell case?
Exposure cases are built with science, records and patience. We are based in Great Falls, handle exposure cases across Montana, and travel to Kalispell, Libby and Missoula to meet clients and families, gather records, take depositions and appear in court. When a client is too ill to travel, we come to them. We do not have a Kalispell office.
The Boland Aarab Way
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom.
- We handle asbestos exposure cases. That includes claims arising from decades-old exposure.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle wrongful death cases in Kalispell and mass tort cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
My father worked near Libby decades ago and now has mesothelioma. Is it too late? Not necessarily. Mesothelioma often appears 30 to 40 years after exposure, and the deadline generally runs from when the disease and its cause were, or should have been, discovered. Call soon after the diagnosis.
I grew up in a Libby miner’s household. Can family members have claims? They can. Fibers carried home on work clothes have exposed family members, and household exposure claims are evaluated like any other.
There’s vermiculite insulation in my Kalispell attic. What should I do? EPA advises assuming it contains asbestos and leaving it undisturbed, and hiring trained professionals if it must be removed. If you were already exposed, keep records of the work and see a physician.
Where would an asbestos case from the Flathead be filed? In Flathead County District Court, in Lincoln County for Libby-area exposure, or in federal court in Missoula if a manufacturer removes it.
Can I sue my former employer for asbestos exposure? Generally not; workers’ comp is usually the exclusive remedy against an employer. But you may have claims against manufacturers, property owners, other contractors and asbestos bankruptcy trusts.
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.
