The discovery of asbestos and the right to protection
The discovery of asbestos in one's condominium or workplace is an event that generates deep concern and uncertainty. Awareness of the serious health risks associated with exposure to these harmful fibers immediately raises complex questions regarding both the safety of the premises and civil and criminal liabilities. Addressing this situation requires not only prompt action for remediation but also a clear understanding of one's rights to compensation for damages suffered and future damages. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci assists individuals and workers in the process of obtaining full legal protection, ensuring that the costs of remediation and personal damages are entirely borne by the responsible parties.
The regulatory framework on asbestos in Italy
Italian legislation, starting with Law no. 257/1992, has banned the extraction, import, production, and marketing of asbestos, establishing precise obligations for the management of materials containing it still present in buildings. The law requires property owners and employers to inventory, assess the risk, and, if necessary, proceed with the remediation of contaminated sites. Liability for damages arising from the presence of asbestos falls on those who, by law, were required to ensure the safety of the premises. This may include the condominium administrator, the building constructor, the previous owner, or the employer who failed to adopt adequate protective measures for their employees.
The compensable damage is not limited to the cost of remediation alone (pecuniary damage). It also includes biological damage, in cases where exposure has already caused asbestos-related pathologies, and the so-called damage from fear of illness. The latter is non-pecuniary damage recognized by jurisprudence, which compensates for the well-founded fear and state of anxiety of those who, despite not having yet developed an illness, have suffered significant exposure and live with constant worry for their future health.
The strategic approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in compensation for damages in Milan, is based on a rigorous and personalized analysis of each individual case. The first step involves ascertaining the presence of the material and the risk level through specialized technical expert reports. Subsequently, the precise responsible party is identified by reconstructing the chain of ownership or employment relationships. The objective is twofold: first, to obtain an urgent order compelling the responsible party to bear the costs of remediation and safety measures; second, to quantify and claim compensation for all damages suffered, including those related to emotional stress and the fear of future pathologies. The firm's strategy is oriented towards favoring, where possible, an out-of-court settlement to expedite the process, without, however, excluding determined legal action to assert the client's rights in court.
Frequently Asked Questions
Who is responsible for the presence of asbestos in a condominium?
Responsibility for the management and potential remediation of asbestos in a condominium falls on the condominium itself, represented by the administrator. The latter is obliged to carry out mapping and risk assessment. If the hazardous material was present from the origin and not declared, the builder or original seller of the property could also be held liable.
I worked in a company with asbestos, can I claim compensation?
Yes. An employee exposed to asbestos without adequate protection is entitled to compensation for damages from the employer. Compensation can cover both diagnosed occupational diseases and non-pecuniary damage resulting from the awareness of the risk incurred and the consequent anxiety for one's future health status.
What does "damage from fear of illness" mean and how is it compensated?
"Damage from fear of illness" (or thanatophobic damage) is a psychological prejudice that affects those exposed to toxic substances like asbestos. It is the chronic distress and anguish arising from the awareness of an increased risk of developing serious illnesses. It is compensated as non-pecuniary damage, and its quantification depends on the duration and intensity of exposure, the person's age, and the impact on their quality of life.
What are the first steps to take if I discover the presence of asbestos?
The first step is not to touch or remove the suspected material to avoid the dispersion of fibers. It is essential to immediately contact the condominium administrator or employer and, at the same time, consult a specialized company for a technical inspection. Immediately after, it is advisable to consult an expert lawyer to understand the legal actions to be taken for safety measures and the claim for compensation.
Request an assessment of your case in Milan
If you have discovered the presence of asbestos in your property or believe you have been exposed to risks in the workplace, it is essential to act promptly to protect your health and your rights. Avv. Marco Bianucci offers legal advice in Milan to analyze your situation, identify responsibilities, and define the most effective strategy to obtain remediation and fair compensation. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for an in-depth and confidential assessment of your case.