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The third wave of asbestos litigation: Emerging risks from DIY projects

Written by:

Katie Ferrier

September 10, 2024

Australia is currently navigating what could be termed the “third wave” of dust disease litigation. This new phase is marked by a shift from traditional occupational exposures to the rising risks associated with do-it-yourself (DIY) home renovations. Understanding this evolving landscape is crucial for anyone undertaking home improvement projects.

In this article, we’ll look at each of the waves of asbestos litigation, the risks associated with DIY home renovations and your options for legal recourse.

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The first wave: Occupational exposure
The second wave: Secondary exposure
The third wave: DIY risks

Can I sue for asbestosis caused by DIY?
Addressing the third wave
Legal recourse and support

The first wave: Occupational exposure

Historically, asbestos litigation focused on workers with prolonged, direct exposure to asbestos, particularly in industries like construction, shipbuilding, and manufacturing. The main issue was friable asbestos—materials that crumbled easily and released harmful fibres into the air, posing serious health risks.

Workers exposed to friable asbestos developed diseases like asbestosis, lung cancer, and mesothelioma. During this ‘first wave’, legal claims primarily focused on workplace safety standards and employer negligence. There are still instances of occupational asbestos litigation, however, these have declined since its peak in the late 1980s and early 1990s.

Banning asbestos in Australia

Australia’s asbestos use peaked in the 1970s, with some of the highest per-capita consumption rates in the world. The phase-out of asbestos was gradual: crocidolite was banned in the late 1960s, amosite in the mid-1980s, and a full ban on all asbestos types (crocidolite, amosite, and chrysotile) wasn’t enforced until late 2003. This comprehensive ban followed extensive advocacy by trade unions and non-government organisations

Despite the ban being in place for over twenty years, Australia still faces significant challenges, as the epidemic of asbestos-related diseases only recently reached its peak. This is due to the long latency period for mesothelioma. This is usually between 20 and 60 years.

Between 1982 and 2016, 16,679 new cases of malignant mesothelioma were reported, with 84% of these affecting men. The incidence rate of malignant mesothelioma has stabilised in the past decade.

Our client’s story

Our client, who had only brief exposure to asbestos dust during his early career as a labourer, was later diagnosed with mesothelioma. Despite changing his career path to become a respected teacher, his past exposure led to serious health issues due to unsafe working conditions in the early 1960s.

We pursued legal action against his former employer and the premises’ occupier, securing $460,000 in damages. This compensation, while not restoring his health or fully alleviating his family’s loss, acknowledged the negligence that led to his condition.

The expedited proceedings allowed our client to secure financial stability for his family during his illness. Sadly, he passed away shortly after receiving the settlement.

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The second wave: Secondary exposure

The second wave of asbestos litigation highlighted a different but related issue: secondary exposure.

This typically involved individuals who were not directly exposed to asbestos but were affected due to their association with those who were. For example, washerwomen and family members of asbestos workers could experience asbestos exposure from the contaminated clothing brought home by workers.

Secondary exposure can occur by:

Physical contact: Handling or coming into contact with asbestos-contaminated clothing can result in exposure. Washing contaminated garments does not effectively remove asbestos fibres.
Contact with asbestos embedded in furnishings: Asbestos fibres can become trapped in household items such as furniture, carpets, and other textiles, continuing to pose a risk.

Individuals most at risk of secondary exposure, include:

Family members of asbestos workers
Friends of asbestos workers
Administrative workers in factories or construction sites where asbestos was present.

This type of exposure, though indirect, still poses significant health risks and has led to numerous legal claims. As of 2022, according to the Australian Institute of Health and Welfare’s (AIHW) report on Mesothelioma in Australia in 2022, non-occupational asbestos exposure has overtaken occupational exposure.

It reported:

Exposure indicated	Percentage
Occupational exposure only	11.5%
Non-occupational exposure only	35.9%
Both occupational and non-occupational exposure	52.6%

The third wave: DIY home renovation risks

Today, we are witnessing what could be termed the “third wave” of asbestos litigation, mainly due to the increasing risk of exposure for people who take on DIY home renovation projects.

Because it takes a long time for asbestos-related diseases to show up, and so many people are fixing up old homes themselves, we’re only now starting to see the full impact of this third wave of asbestos litigation – and there’s not a lot of available data on it yet.

This new phase is characterised by:

1. Increased DIY renovations

As more Australians take on home renovation projects themselves, many are unwittingly exposing themselves to asbestos. Homes built before the 1980s are particularly risky, as they may contain asbestos in materials like insulation, roofing, and floor tiles.

The most common locations you might find asbestos in the home include:

Vinyl sheet flooring backing
Carpet padding
Concrete flooring
Asbestos cement sheets
Fireplace flues
Insulation beneath wood heaters
Ventilation systems (both internal and external)
Internal corner mouldings
Walls and ceilings
Kitchen splashback panels
Loose-fill insulation in the roof space
“Tilux” marble-effect wall panels
Vinyl floor tiles
Internal wall sheeting.

A 2016 Australian Asbestos Safety and Eradication Agency (ASEA) report found that asbestos cement sheeting is the most common hazard encountered by DIYers. This is because it’s overwhelmingly the largest volume asbestos building product found in Australian residences.

2. Lack of awareness

A significant issue is the lack of awareness among DIYers regarding the presence of asbestos in older homes. Many homeowners do not realise that disturbing asbestos-containing material can release dangerous fibres into the air, or do not give weight to how risky this is.

There’s little in the way of research on asbestos exposure during DIY projects. However, a 2008 paper, ‘Asbestos exposure during home renovation in New South Wales’ provided some startling self-reported data.

53.7% self-reported as DIY renovators. Of these:

61.4% reported asbestos exposure during their DIY renovations
39.3% reported that their partner had been exposed to asbestos during their renovations
22.8% reported that their children had been exposed.

This avoidable exposure can put both adults and children at risk for many years to come.

3. Inadequate safety measures

Many DIY projects are undertaken without proper asbestos checks or safety measures. This lack of precaution can lead to unintentional exposure, as individuals may not use the appropriate protective gear or methods for handling asbestos safely.

The 2016 ASEA report found asbestos exposure was heightened if:

power tools (including electric drills, angle grinders, circular saws and electric sanders) were used.
the area was confined, with little ventilation.
asbestos cement sheets were broken before bagging.
Personal Protective Equipment (PPE) was not worn at all times.

4. Legal implications

The rise in DIY-related asbestos exposure has started to generate a new wave of litigation. Claims are emerging from individuals who have been diagnosed with asbestos-related diseases after undertaking home renovation projects.

This shift underscores the need for greater public education on asbestos risks and proper handling procedures.

Can I sue for asbestosis caused by DIY?

Yes, you may be able to sue for asbestosis caused by DIY. If you were exposed to asbestos while renovating or working on your home, you may have grounds for a legal home.

Even if you purchased an older home without being aware of asbestos-containing materials, you may still have a claim. Manufacturers have a duty to warn consumers about the risks associated with their products, and failure to do so can be grounds for legal actions.

To establish a claim, it’s crucial to identify the specific manufacturer of the asbestos-containing product. Taking samples of the material can help you determine the source. If you’ve already removed the asbestos, it may be more difficult to identify the manufacturer (defendant/s).

If you believe you have a claim, seek out a consultation with a dust disease lawyer. They will help you explore your options for pursuing a claim.

Addressing the third wave: Awareness and prevention

To address the risks associated with this third wave of asbestos exposure, several steps are important:

1. Public education

Increased awareness campaigns are needed to inform homeowners about the potential dangers of asbestos in older homes and the importance of professional asbestos checks before beginning any renovation work.

SafeWork offers an online asbestos awareness and safety course with information to help you identify asbestos and hazardous activities that could lead to asbestos exposure.

2. Regulations and safety standards

Strengthening regulations around DIY renovations and ensuring that homeowners are aware of their responsibilities when dealing with asbestos-containing materials can help mitigate risks.

3. Professional consultation

Encouraging DIYers to consult with professionals for asbestos inspections and safe removal can prevent accidental exposure and subsequent health issues.

4. Support for affected individuals

Providing support and resources for individuals who have been exposed to asbestos through DIY activities is essential. This includes access to medical care, legal advice, and compensation for those affected.

Legal recourse and support

For those affected by asbestos exposure due to DIY renovations, personal injury claims may provide a route to compensation and justice.

To file a compensation claim, individuals with mesothelioma need to present medical proof of their diagnosis and provide details on when, where, and how they were exposed to asbestos outside of a workplace setting.

If you or a loved one has been diagnosed with an asbestos-related disease following home renovation projects, it’s crucial to seek legal advice promptly. A personal injury lawyer specialising in dust disease compensation claims can guide you through the legal process, help gather evidence, and pursue compensation for medical expenses, lost income, and pain and suffering.

For more information or to discuss your case with a personal injury specialist, contact us today.

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