When you bring an asbestos claim, the companies on the other side don't stay quiet. They raise a set of well-worn legal defenses meant to shift blame, narrow their responsibility, or keep certain evidence out. Knowing these arguments ahead of time takes away their surprise and helps you understand why your lawyers ask the questions they do.
Some defenses target the product. The bare metal defense argues a manufacturer isn't liable for asbestos parts, like gaskets or insulation, that someone else added later. The tremolite-not-chrysotile defense and the never commercially mined defense both dispute which fibers were present and where they came from. Others target who should have warned you: the sophisticated user defense claims your employer already knew the risks, and the government contractor defense points to military specifications.
A few turn on timing and knowledge. State of the art evidence and the state-of-the-art defense ask what a company could reasonably have known when it sold the product. Gatekeeping refers to a judge's power to admit or exclude expert testimony before a jury ever hears it.
Every term below links to a full plain-language definition, so you can see how each defense works and how it's answered.
Terms in this category
- Affirmative DefenseAn affirmative defense is a reason a defendant gives for avoiding or reducing liability even if the plaintiff…
- Asbestos-Free Talc"Asbestos-free talc" is a marketing and regulatory label used by talc producers and product manufacturers (co…
- Bare Metal DefenseThe Bare Metal Defense is a liability argument raised by manufacturers of pumps, valves, turbines, boilers, a…
- Bulk Supplier DoctrineThe bulk supplier doctrine is a defense for companies that sell a material in bulk to a manufacturer or emplo…
- Chrysotile DefenseThe chrysotile defense is the argument that a product contained only chrysotile (white asbestos), and that ch…
- Empty Chair DefenseThe empty chair defense is a trial strategy in which a defendant blames the plaintiff's injury on someone who…
- Government Contractor DefenseA legal defense in which a company sued for a defective product argues it should not be held liable because i…
- Never Commercially Mined DefenseThis is a legal argument that defendants raise to deny liability by claiming that a specific type of asbestos…
- Raw Material Supplier DefenseThe raw material supplier defense argues that a company supplying a basic material, such as raw asbestos fibe…
- Smoking DefenseThe smoking defense is the argument that a plaintiff's lung disease was caused by cigarette smoking rather th…
- State of the Art EvidenceState-of-the-art evidence is proof about what a company knew, or what the broader scientific and industrial c…
- State-of-the-Art DefenseThe state-of-the-art defense is a manufacturer's argument that it should not be blamed for failing to warn ab…
- Texas Two-StepThe Texas Two-Step is a bankruptcy strategy in which a solvent company uses a Texas "divisive merger" law to …
- Tremolite-Not-Chrysotile DefenseThis is a legal argument used by defendants who sold or used chrysotile (white) asbestos products. They argue…
Terms in this category
Browse the full Lexicon, or talk it through with a member of our litigation team, not a screener, at 833-4-ASBESTOS.