Using Bankruptcy to Eliminate Tort Liability for Future Asbestos Claims? That Would Be Unconstitutional
Resolving asbestos liability can be challenging. The time between exposure to asbestos and the onset of the most deadly asbestos-related disease, mesothelioma, can be decades, and there’s no way for someone who was exposed to know whether they will fall ill in the future. And there are plenty of folks—many of whom were exposed indirectly, through asbestos on a family member’s clothing, for example—who may not even know that they were exposed in the first place. As such, it’s impossible for anyone—including companies responsible for asbestos exposure—to know who will fall ill and be entitled to compensation in the future.