Asbestos Litigation in Georgia: the Real Route
Asbestos-related diseases manifest years and decades later, and such cases are therefore always difficult. It must be said plainly from the outset: Georgia has no special asbestos compensation fund and no classic class-action mechanism — such a dispute is resolved by the ordinary tort claim: a person who causes damage to another by an unlawful intentional or negligent act is obliged to compensate that damage. The special rules connected with asbestos entrepreneurs belong to other legislation and do not replace the civil claim.
This framework is nevertheless sufficient for the victim of a long-latent disease — because it can be directed against every person who participated in the occurrence of the damage, and full compensation of the damage can be claimed. The difficulty of the case lies not in the legislation but in the evidence: establishing the source, time and responsible persons of the exposure requires detailed work.