NYC: Feds Not Addressing Asbestos in Schools

New York City Comptroller Brad Lander says that between 2021 and 2024, only 18% of the city’s asbestos-laced schools were properly inspected.

“[The Education Department] has stunningly failed to follow the minimum national standard for asbestos management for years,” Lander said in a statement. “I am urging the Adams Administration to take swift action to come into compliance because no parent, teacher, or school staffer should feel unsafe walking into a school.”

The audit advises the Education Department to create new policies, tracking systems, and accountability plans to quickly improve its compliance.

Asbestos can cause serious health complications, including cancer, when inhaled. The compound was widely used in school construction during the 20th century, and it can be found in insulation, flooring, and air conditioning equipment. Asbestos can be safely left in buildings as long as it’s intact, but when materials containing asbestos start to degrade, it becomes a safety risk.

New York City grew rapidly in the 1960s and 70s, during the heyday of asbestos use. The city had to build a lot of schools in a short amount of time without much money. Cheap, plentiful, and effective asbestos seemed to be the ideal solution. Most schools and other public buildings in New York City and elsewhere are laced with asbestos in areas like:

• Attic Insulation: Most New York schools built during this era didn’t have air conditioning. Early fall and late spring days in the Big Apple can be pretty warm. An effective insulator, like asbestos, seemed like a godsend.
• Concrete: Waterproof concrete was available during this period, but in many cases, it was not cost-effective for budget-conscious cities like NYC. Asbestos is waterproof as well as fireproof. Once again, mixing asbestos into concrete seemed like the ideal solution for everyone.
• Floor and Ceiling Tiles: Common areas in crowded schools often get quite noisy. Since asbestos does not conduct noise, these materials protected the hearing of people with pre-existing ear conditions. The fireproof quality of asbestos also offered more protection for children.

By the 1970s, asbestos customers like New York City were well aware of the health risks of this substance. They deliberately chose to put people at risk in order to save money. New York is one of the only states without a statute of repose that limits construction defect-related lawsuits. So, a nationwide asbestos lawyer usually has a full range of legal options for cases that arise in the Empire State. More on that below.

Asbestos dust and fibers often seep through hairline cracks in walls, ceilings, walkways, and other surfaces. These fibers cause several serious lung diseases, such as mesothelioma cancer, which are normally fatal.

New York does not have a statute of repose, but it does have a statute of limitations. In many cases, the two-year SOL has elapsed before asbestos exposure victims know they’re sick.

The delayed discovery rule typically applies in these situations. The two-year countdown begins when victims discover their illnesses and connect their illnesses to a particular source. The clock doesn’t start running on the exposure date.

Compensation in a civil case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A nationwide asbestos lawyer usually obtains additional punitive damages in these cases as well.

Civil claims are very complex, to say the least. An alternate route to compensation may be appropriate in some cases. 

Social Security Disability may be the most common alternative approach. Program benefits include monthly cash and Medicaid membership. These benefits are available if the applicant has a permanent disability.

Asbestos exposure illnesses almost always meet this standard. Mesothelioma is a good example. This condition has such a long latency period that many victims are in Stage II or Stage III before they receive a medical diagnosis. At these stages, cancer is normally disabling and fatal.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. The sooner you reach out to us, the sooner we start working for you.