Asbestos Littered in Homeowner’s Yard

After new homeowner Justin James recently discovered asbestos littered all over his property in Pakenham, Australia, he’s now concerned other people in his neighborhood may be at risk of asbestos exposure too.

According to reports, Justin James, along with his wife and young daughter, moved into their new home, only for a contracting company to point out asbestos all over the back yard of his property. James was never told of any asbestos problems before, yet asbestos sheeting was found crumbled around his yard.

Not only is James concerned that they can’t tend to a garden in the yard now, but his wife is also pregnant with an unborn son, and he’s worried that the baby will also be affected.

“We were moving into a new house on a new block,” James told local reporters. “We weren’t going into an old place, where we would have expected we should be careful,” he continued.

The development company offered to remove the asbestos for the family, yet James first had to sign a waiver stating that he wouldn’t take any legal action. The waiver was presented to him only a day before the cleanup was to begin, leaving him little choice as he worried about what would happen if he let the asbestos stay on his property any longer. However, James decided against signing it.

“We didn’t sign it. We didn’t expect there would be asbestos on our land when we bought it. Why should we?” James asked.

James purchased the land in 2008, and two years later his home was built. Per James, none of the contractors who worked on his home after he moved in brought any sheeting onto the property, meaning the asbestos was already present before work began, something the land developers should have been aware of beforehand.

“They should not have been filling any property with contaminated material and they should fix the problem, and be liable for any issues in the future this soil might cause,” said the James family’s attorney.

Blue, brown, and white asbestos was found on the property, all three of which have been linked back to life-threatening diseases such as malignant mesothelioma and asbestos-related lung cancer. As a result, James is now concerned about the other people in the subdivision.

“Originally we just wanted to have it cleaned up,” the family attorney said. “But now we have a young family, and the complications that presents. It’s reasonable for the developer to pay us what the house and land would now be worth if it wasn’t contaminated,” the attorney continued.

After the development company learned that James didn’t sign the waiver, they threatened him with legal action should he go to the media or send letters out regarding the asbestos problem. The company’s attorneys also denied that they placed any asbestos on the property, claiming that the piles of dirt that was left behind from road excavation, but was later removed.

Keep in mind that if you or a loved one have been negligently exposed to asbestos, you may qualify for substantial compensation. Right now, there is over $30 billion available in asbestos trust funds, awaiting those who have been injured due to asbestos exposure. Contact our top mesothelioma lawyers today, and we’ll be happy to assist you and help you fight for what you may be eligible for.

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