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New Mexico has several naturally-occurring deposits of asbestos. Many of these are located in the southwestern region of New Mexico. Chrysotile has been identified near small cities such as Ruidoso. Erionite is also located throughout parts of New Mexico. Interacting with natural deposits of asbestos can increase the likelihood that a person may develop mesothelioma or another asbestos-related condition. At least 16 different mining districts in New Mexico have reported the presence of asbestos. Miners are typically at one of the highest probabilities of being exposed to asbestos because they confront it in its natural state and asbestos fibers can easily become dislodged during the mining process. However, the end consumer who uses the product that included asbestos can also be exposed to asbestos in this manner.
Outside the mining industry, there are many other types of job types that could have exposed workers to asbestos in New Mexico. The state economy relies heavily on energy production and manufacturing. Asbestos was commonly used in power plants due to its insulating properties and resistant to heat, chemicals and electricity. Asbestos was often used as a protective layer on machinery, piping and wiring. Workers who are at risk for occupational exposure to asbestos in the state include electrical power linemen, electrical engineers, mechanical engineers, industrial engineers and pipefitters.
Asbestos was also commonly used in military operations for some of the same properties, including in air force bases. Aircraft mechanics could have been exposed to asbestos because it is commonly included in brakes, as well as in other materials, such as sealants, piping and paint. If you or someone you know has been diagnosed with mesothelioma or related cancer, its imperative you speak with an attorney to learn about your legal rights to file a claim or lawsuit against negligent parties responsible.
New Mexico Mesothelioma Diagnoses
Reports show New Mexico ranks 37th in the United States for mesothelioma cancer and asbestosis incident rates. Between 1999 and 2015, more than 197 New Mexico residents were diagnosed with mesothelioma. Additionally, at least 67 New Mexico residents were diagnosed with asbestosis and more than 848 were diagnosed with non-mesothelioma lung cancer between the years 1999 and 2013.
Most Mesothelioma cases are found in the following cities and towns:
Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, South Valley, Clovis, Hobbs, Alamogordo, Carlsbad, Gallup, Deming, Los Lunas, Chaparral, Sunland Park, Las Vegas, Portales, Los Alamos, North Valley, Artesia, Lovington, Silver City, Española, Anthony, Grants
Socorro, Corrales, Bernalillo, Shiprock, Bloomfield, Ruidoso, Kirtland, Belen, Raton, Aztec, Zuni Pueblo, Truth or Consequences, Eldorado at Santa Fe, Los Ranchos de Albuquerque, Lee Acres, White Rock, Taos, Los Chaves, North Hobbs, Tucumcari, Placitas, Rio Communities, Meadow, Lake, El Cerro Mission, Santa Teresa, Paradise Hills, University Park
New Mexico Asbestos Laws
New Mexico has a series of laws related to asbestos litigation. These laws impact when a mesothelioma case must be filed and what the plaintiff must prove in order to potentially be able to receive compensation for the damages he or she sustained.
Statute of Limitations
The statute of limitations is the deadline by which a claimant must file a lawsuit against a defendant to prevent the case from being time-barred. In New Mexico, the statute of limitations for a personal injury case stemming from mesothelioma or another asbestos-related condition is three years from the date of diagnosis. If the victim dies from the condition, the family has three years from the date of death to file a wrongful death lawsuit.
Court Exposure Standard
Many asbestos claims are brought on the state level. Claimants must meet the standard set forth by the state. Each state uses different court exposure standards to determine if an asbestos company should be held legally liable for the plaintiff’s damages. The most common court exposure standard is the Lohrmann test, which requires the claimant to show that exposure to the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. It is not enough under this standard to show that the defendant’s product was present at the workplace at the same time the plaintiff worked there. Instead, the plaintiff must provide evidence to establish a likelihood that exposure to the product was frequent or sustained.
New Mexico Asbestos Regulatory Agencies
The New Mexico Environmental Department Air Quality Bureau is primarily responsible for enforcing asbestos regulations on the state level. This department defines relevant asbestos terms as follow:
- Friable Asbestos Material – any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763 section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.
- Regulated Asbestos Containing Material (RACM) – (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material expected in the course of demolition or renovation operations regulated by this subpart.
Before a property owner commences demolition, he or she must notify the department even if no asbestos is detected. For renovations, notice is required when the project involves 160 square feet or more and asbestos is present. Individuals who are trained and certified in asbestos removal must be on-site when asbestos is present
The New Mexico Occupational Health and Safety Bureau enforces workplace safety guidelines regarding asbestos and other rules.
New Mexico Site Exposure List
Certain areas of the state are associated with an increased risk of exposure, such as Albuquerque, the state’s largest city and boon for economic development. Some of the jobsites, public facilities and other locations that may have exposed others to asbestos in New Mexico include:
- Kirkland Air Force Base – Albuquerque
- Alta Vista Middle School – Carlsbad
- University of New Mexico – Albuquerque
- Cerrillos Coal Company – Albuquerque
- PNM Resources, Inc. – Albuquerque
- San Juan Powerhouse – Fruitland
- M. Public Service Power – Albuquerque
- Albuquerque Gas & Electric – Albuquerque
- Reeves Power Plant – Albuquerque
- United Nuclear Corporation – Gallup
- Four Corners Power Plant – Fruitland
- Columbia Asbestos Company – Albuquerque
- Owens Corning Fiberglass – Albuquerque
- Bates Lumber Company – Albuquerque
- Kent Nowlin Construction Company – Albuquerque
- Phelps Dodge Mining – Carlsbad
- Chino Mines Company – Carlsbad
- Kerr McGee Potasa Mine – Carlsbad
New Mexico Asbestos Trusts
Many companies that manufactured products that contained asbestos or that exposed workers to asbestos were sued by hundreds or thousands of claimants. Facing such daunting liability or judgments that were already levied against them, many of these companies filed bankruptcy. Some of them reemerged with asbestos trusts that were established to handle the current and potentially future claims for individuals who had a viable claim for compensation against the company. When an asbestos trust is available, a claimant can submit a claim to it and ask to be compensated for the damages he or she sustained without having to go through the entire process of filing a lawsuit against the company.
There are no asbestos trusts of this nature for businesses that are headquartered in New Mexico or trusts that are administered in the state, New Mexico residents may have worked for a company or have a viable claim against one of these customers based on their particular circ*mstances. A New Mexico mesothelioma lawyer can explain if you may have a claim against an asbestos trust.
New Mexico Mesothelioma & Asbestos Lawsuits
New Mexico’s history of asbestos litigation is similar to many other states in that individuals who have developed mesothelioma and other asbestos-related medical conditions have sought to hold former employers and asbestos manufacturers responsible for the damages that they have sustained. However, few cases have made it to verdict. Many cases are ultimately resolved out of court. Sometimes, cases may be tried in other legal venues but still apply New Mexico law. Two example cases disclosed in public news sources involving unaffiliated law firms include:
One case brought in Delaware in 2018; the court applied New Mexico law and found Ford strictly liable for failing to warn the plaintiff of the dangers of asbestos exposure. Other companies named as defendants included General Motors, Chrysler and Johns-Manville. The verdict was for a gigantic dollar amount. The man had died from mesothelioma.
Another case, a New Mexico man had worked for Arizona Public Service from the 1950s until retiring in 1991. He had served at various power plants in Arizona and New Mexico. A San Francisco jury awarded the man who had malignant mesothelioma a substantial amount in 1998, which included a less than but still amassive amount of money for his spouse’s loss of consortium.
New Mexico law allows claimants to name several different defendants in the same lawsuit. In 2003, more than 15 lawsuits named PNM Resources in lawsuits. A New Mexico woman filed a lawsuit against 48 companies in 2011, alleging they were responsible for her spouse’s lung cancer and later death.
New Mexico Mesothelioma Lawyers
Some New Mexico personal injury lawyers that represent victims of mesothelioma and other asbestos-related medical conditions and may become co-counsel include:
An Albuquerque law firm that is a pioneer in asbestos cases. In addition to more typical cases involving exposure to asbestos, the firm has also worked on cases with intricate details as local attorneys who bring an intimate knowledge of New Mexico law and local courts with them to every case.
A law firm located in Albuquerque which represents mesothelioma victims in personal injury claims as well as the families of deceased loved ones who died due to mesothelioma or another asbestos-related medical condition. They represent clients involved in primary exposure cases, as well as secondary victims. They have a track record of success and an intimate knowledge of New Mexico employers that may have exposed workers to asbestos.
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