The Biggest Issue With Asbestos Lawsuit History, And How You Can Solve It
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related illnesses can sue companies that produced, mined, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that made asbestos fibers in England and was diagnosed with health issues. She died at age 33 of fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims can be filed for various reasons, but they typically involve people who were exposed to the substance at work. This includes workers who worked in factories that produced asbestos-related products or at the construction sites of buildings containing asbestos. It can also include people who were exposed to asbestos by using household products, such as talcum powder.
Anyone who was exposed to asbestos can develop a variety of diseases including mesothelioma, lung cancer and other respiratory diseases. Many have been awarded compensation for their injuries even though some these diseases are fatal. Most countries have laws requiring companies that create dangerous substances warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929. lawsuit asbestos was filed by a woman whose name was Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
In the years that followed, more and more asbestos lawsuits were filed. Some of the cases grew quite large, and a lot of attorneys started to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of mesothelioma patients.
Other lawsuits have been won by people who suffered from asbestos-related diseases such as asbestosis or plaques in the pleural region. The condition that caused them was like mesothelioma which makes it easier to prove for lawyers. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew, patients and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma sufferers also filed lawsuits against companies that created and built the buildings in which they worked, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is strong.
In the early 1980s, the legal battle over asbestos lawsuits began to intensify and courts made rulings on a variety of aspects of the case procedure. A federal court, for example determined that only people suffering from malignant asbestos-related diseases like mesothelioma or lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos companies. Kershaw, a factory worker from Rochdale, England was diagnosed with lung problems caused by her close exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s of fibrosis.
The second phase of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also won cases against companies that manufactured the equipment that used asbestos-containing materials, like boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents proved their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal the dangers of asbestos and to thwart efforts to warn the public.
In the mid-1980s to early-1990s in the 1980s, when these and other forms corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlements was launched and other efforts were made to limit asbestos liability were made by asbestos companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as as the public at large.
The Third Cases
In the 1970s, asbestos-related companies had lost the ability to hide information about the deadly effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due in large part to the fact that major national journals began paying attention to the link between mesothelioma, asbestos and other respiratory diseases, rather than small industry newsletters and medical journals. As soon as the link between asbestos and serious illnesses was well-established, victims began making lawsuits against asbestos producers.
In the 1970s, a decision by the courts that allowed plaintiffs to recourse to strict liability as a legal principle was one of the main reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to be required to prove that asbestos producers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew that their product was unsafe, but did not warn their employees or the general public about the dangers.
Following this ruling, many asbestos producers filed for bankruptcy, a process that allows businesses to reorganize in bankruptcy court, and put funds aside in trusts to pay for asbestos claims, and continue to continue to operate. Johns-Manville is a noteworthy case because it was slammed with a variety of lawsuits filed by former workers who suffered from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages against it.
Asbestos litigation has grown since then due to the growing number of asbestos-related diseases. Asbestos cases are often complex due to the ailments they cause can take decades to manifest and aren't always obvious to those diagnosed.
Additionally certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered to try to limit their liability and it has also considered the question of whether or not it is possible to hold individuals responsible for asbestos-related injury.
The Fourth Cases
Asbestos, a mineral that is extremely hazardous has killed and sickened hundreds of thousands of people over the years. It's also a substance that was extensively used by companies who knew that it was dangerous, and yet they continued to use it in their manufacturing processes.
As the legal system deals with asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is the ruling Lubbe v Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries for compensation.
These cases often involve secondary exposure to asbestos. This occurs when employees who work with asbestos on the job transfer it to their spouses or children at home. Family members suffer from mesothelioma and other asbestos-related illnesses.
This type of situation is the basis for many lawsuits filed by families of victims today. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos injuries.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the chance to pursue justice with the assistance of an attorney who is well-versed in the complicated legal issues these cases bring up.
Some asbestos attorneys are opposed to this type of litigation. There have been several initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit claimed that the firms violated state laws by not properly disposing of asbestos and exposing residents to toxic dust.
Asbestos litigation has been going on for decades and it will continue to do so well into the future. The asbestos industry has tried to avoid responsibility through technical legal arguments and by trying to pass legislative remedies that would stop victims from seeking justice. It appears that many victims, as well as their lawyers, are determined to see justice served.