14 Misconceptions Common To 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 who produced, mined or used asbestos and asbestos-containing products.
Nellie Kershaw filed the first asbestos lawsuit. She worked in a factory that made asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 due to fibrosis 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 are filed for many reasons, but they usually involve people who have been exposed to asbestos in their work. This can include workers at factories that made asbestos-related items as well as those who worked on the construction of buildings that contain asbestos, and even those who were exposed to asbestos from household products contaminated with asbestos attorney such as talcum powder.
Anyone who was exposed to asbestos could develop a number of different illnesses like mesothelioma, lung cancer and other respiratory conditions. Many people have received compensation for their injuries, even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to inform those who may be injured by them.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (known as clubbing). She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Some of the cases became quite large, and a lot of attorneys began to specialize in asbestos litigation. This meant that they only were able to handle the most serious cases. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits were won by those who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. This is due to the fact that the disease that caused these was very similar to mesothelioma and therefore simpler for lawyers to prove. These claims led to the disclosure of secret documents which showed how asbestos manufacturers tried to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed claims against companies who designed and constructed the structures that they worked in such as shipyards, power plants and refineries. The link between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal fights over asbestos lawsuits got more intense and the courts began to rule on various aspects of the case process. A federal court, for example determined that only people suffering from malignant asbestos-caused diseases such as mesothelioma and lung cancer could sue the manufacturers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos lawsuit defendants.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal claim against asbestos-related companies. Kershaw, who had been diagnosed with lung ailments due to her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. The company was unable to pay. Kershaw died in her 30s from fibrosis.
The second phase of asbestos lawsuits focused on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing materials, such as pumps and boilers.
During this period, numerous documents pertaining to asbestos companies were discovered. These documents proved their involvement in conspiracy and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a shady alliance between these companies to hide the dangers of asbestos and deflect efforts to educate the public.
In the early to mid-1980s, when these and other forms of corporate fraud and conspiracy were discovered In the early to mid-1980s, a wave of class actions settlement was initiated, as well as other attempts made to limit asbestos liability by asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the public.
The Third Cases
By the 1970s, asbestos companies had lost the ability to hide information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due in large part to the fact major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the link between asbestos and serious illnesses was well established, victims started making lawsuits against asbestos producers.
In the 1970s, a court ruling that allowed plaintiffs the use of strict liability as a legal theory was one of the main factors that led to an increase in asbestos lawsuits. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries that resulted 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, a lot of asbestos producers filed for bankruptcy. This procedure permits a business, even though it is still operating, to reorganize itself in bankruptcy court and place funds into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was a victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.
Since the time asbestos litigation has continued increase due to the growing number of people suffering from asbestos-related diseases. Asbestos litigation is often complicated because the diseases caused by asbestos can take a long time to manifest and aren't always obvious to those who have been diagnosed.
In addition, some 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 addressed a number of cases where asbestos companies tried to limit their liability by offering class action settlements. It also has addressed the question of whether individual defendants could be held accountable for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral which is extremely dangerous, has sickened and killed hundreds of thousands of people over the decades. Asbestos was also widely used by manufacturers who knew it was dangerous, but continued to employ it.
As the legal system handles asbestos lawsuits, new developments are taking place every day. One of the most significant legal developments is a ruling called Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions to recover compensation.
These cases often involve secondary asbestos exposure. This happens when workers who handle asbestos on the job pass it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related diseases.
This type of case is the basis for a variety of lawsuits filed by relatives of victims in the present. Asbestos lawyers can help families bring a case against companies responsible for the asbestos injuries of their loved relatives.
Another major change in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits allow victims to seek justice with the help of a lawyer well-versed in the legal issues that these cases raise.
While many asbestos attorneys (please click the following post) have pushed for this kind of litigation, there are certain people who do not support it. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The latest major advancement in asbestos litigation is the filing a suit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from harmful dust.
Asbestos litigation is a long-standing issue that is likely to continue for a long time. The asbestos industry has tried to avoid accountability by bringing up technical legal arguments and by trying to pass legislative remedies that would prevent the victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to see justice done.