20 Fun Infographics About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies that mined, manufactured or used asbestos or asbestos-containing products.

Nellie Kershaw filed the first asbestos lawsuit. She suffered health issues while working in an asbestos fiber plant in England. She died at the age of 33 due to fibrosis that had developed in her lungs. It was caused by exposure to asbestos.

The First Cases

Asbestos, a dangerous mineral, has infected and killed thousands throughout the years. Asbestos claims can be filed for many reasons, but they usually involve those who were exposed to the substance at work. This could include workers in factories that produced asbestos-related products or those working on the construction of buildings that contain asbestos, and even those who were exposed to secondhand asbestos from household products contaminated with asbestos such as talcum powder.

Exposure to asbestos can trigger many different illnesses, including mesothelioma, lung cancer, and other respiratory issues. Although some of these diseases are very serious and can be fatal, many have been able receive compensation for their injuries. This is largely because most countries have laws that require companies who create dangerous substances to inform people who might be injured by them.

The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and the thickening of the fingertip tissue, which is also known as clubbing. She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit filed in the field of asbestos.

In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys began to specialise in asbestos litigation. They only would take on cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s.

Other lawsuits were won by those who had suffered from other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, which makes it easier to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated the way asbestos producers 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 disease increased the families and victims began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Mesothelioma sufferers also filed lawsuits against companies that created and built the buildings in which they worked such as shipyards, power plants, and refineries. The link between mesothelioma and asbestos exposure is strong.

In the early 1980s, legal battles over asbestos lawyers lawsuits became more ferocious, and courts began to rule on a variety of aspects of the litigation process. A federal court, for instance decided that only those 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, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.

At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with asbestos fibers, attempted to get the firm she worked for to pay for her treatments. The company refused. Kershaw died in her 30s of fibrosis.

The second phase of asbestos lawsuits focused on people who had been exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos-containing material, such as pumps and boilers.

During this time, numerous incriminating documents were discovered that demonstrated asbestos companies have been involved in fraud and conspiracy. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the plot of these companies to cover up the fact that asbestos was dangerous and to thwart efforts to inform the public of asbestos' dangers.

In the early to mid-1980s When these and other forms corporate fraud and conspiracy were uncovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as as from the public in general.

The Third Cases

In the 1970s, asbestos-related companies had lost the ability to keep information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was largely due to the fact that the link between asbestos and illnesses like mesothelioma, asbestosis, and other respiratory ailments began getting attention from major national publications instead of small medical journals or newsletters for industry. As soon as the link between asbestos and serious illness was well-established, victims began filing lawsuits against asbestos manufacturers.

In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal principle was one of the main reasons for an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was unsafe, but did not warn their employees or the general public about its dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This process allows a company, even if still operating, to reorganize its affairs in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of numerous lawsuits brought by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to get the company punitive damages in a number of cases.

Since the time, asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos lawsuits are often complicated, as the illnesses that they cause can take a long time to manifest and are not always apparent to those who are diagnosed.

Some victims have also had to wait years for reimbursement from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed a number of cases where asbestos companies sought to limit their liability by offering settlements in class action. It also has discussed whether individual defendants could be held liable for asbestos related injury.

The Fourth Case

Asbestos is a highly hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also used extensively by manufacturers who knew it was a risk however they continued to make use of it.

As the legal system deals these asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries to recover compensation.

Most of the time, these cases involve secondary exposure to asbestos. This is when those who handle asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma or other asbestos-related diseases.

This kind of case is the basis for a variety of lawsuits brought by the families of victims today. Asbestos attorneys can help families file a claim against the responsible parties for the asbestos-related injuries suffered by their loved family members.

The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits give victims the opportunity to seek justice through the help of an attorney who is well-versed in the complicated legal issues these cases bring up.

While many asbestos attorneys have pushed for this kind of litigation, there are those who are against it. There have been several attempts at passing legislation to limit the use of class actions in asbestos lawsuits.

The most recent significant change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated state laws by not properly disposing of asbestos and failing residents from the harmful dust.

Asbestos litigation is a long-standing issue that will likely continue for a number of decades to come. The asbestos industry has attempted to avoid responsibility by bringing up technical legal arguments and by attempting to pass legislative remedies that would prevent the victims from seeking justice. However, it appears that many victims and their attorneys are determined to see justice served.