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.
Solidary Liability Among Many Liable Persons
The decisive norm for asbestos cases is solidary liability: where several persons participate in the occurrence of the damage, they answer as solidary debtors. The victim may therefore direct the claim against even one participant in the full amount — and they then settle the contribution among themselves. Where several employers, suppliers or building owners participated, this significantly strengthens the victim's position.
The circle of solidarity is broad as well: for the damage answers not only the one who directly caused it, but also the one who instigated or facilitated it, and likewise the one who consciously profited from damage caused to another. In the asbestos context this means that both direct employers and the persons who facilitated the circulation of the dangerous material may fall within the circle of liability.
In Case of Death: the Allowance of Dependents
Where an asbestos-related disease proves fatal, the claim does not terminate: in case of the victim's death, the person causing the damage must compensate it by establishing an allowance to the persons whom the victim was obliged to support. This obligation remains in force as long as the victim would have been obliged to pay the allowance. Family members who depended on the deceased's support remain holders of a legally recognized claim.
Instead of the allowance the victim may claim a one-off compensation where a significant ground exists for it — this alternative may also suit the family of the deceased, where a one-off sum better answers the needs than monthly payments.