• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Asbestos Exposure, Premise liability- help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?What is the name of your state?CA
Our company rented space from a building owner in SF, CA for 15 years who failed to disclose that there was asbestos onsite. It was only recently when we wanted to sublease the space to another tennant that we learned from an enviromental consulatant that they hired that the entire 100,000 sq. ft. is loaded with asbestos [roof tiles, wall tile, pipe insulation, floor.]

Although I do not have any symptoms of Meso or asbestosis that I am aware of I am very emotionally troubled by the finding and feel violated in that the owner knew of the asbestos and should have notified us so I could choose whether to lease the space or subject myself to exposure. We had forklifts in the building and were continually kicking up heavy dust within the space. We also performed several TI projects to build office space within the warehouse that the owner approved of which unbeknownst to us also involved handling of tile and asbestos product without ventillators or protection.

I know CA has strict reporting laws and has civil penalties for failure to disclose the presence of asbestos in both lease and TI situations. As I am currently concerned of my future cancer risk and believe there has been negligent and intentional wrongdoing on the owner's behalf do I:
1. have any grounds for making a claim [premise liability, mental anguish, negligence]
2. have any grounds to go for punitive damages
What is the next step???

We have obviously turned the keys over to the landlord and moved out of the space. To add insult to injury he is suing us for monies due for the remainder of the contract [through 2007- totalling 1.2 M dollars] in essence trying to force us to remain in this asbestos ridden hole. If any of you have some feedback it would certainly be appreciated.


Junior Member
arkansas.I do asbestos removal work and chances are you weren't exposed.floor tile and roofing material is non friable which means it can't be broke up by hand and it can't be inhaled.The pipe insulation might be a different story.If it was mag it can get airborne and you can breath it in.Even if you were exosed it would take 20 yrs. before you showed any sympyoms.I'm not a lawyer so I can give you any information on the laws.Good luck.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential