15 Incredible Stats About Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and developed health issues. She passed away at the age of 33 due to fibrosis in her lungs, caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has sickened and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they generally involve people who were exposed to asbestos at work. This includes workers at factories that produced asbestos-related products, people who worked on the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from household products that were contaminated, such as talcum powder.
Those who were exposed to asbestos attorneys could develop a variety of diseases including mesothelioma, lung cancer and other respiratory conditions. Although some of these diseases are very serious and can be fatal, many people have been able to obtain compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from a range of symptoms, including shortness of breath and the thickening of the tissue around the fingers, called clubbing. She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit in relation to asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Some of these cases were quite large, and a lot of attorneys began to specialise in asbestos litigation. This meant that they were able to handle the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits were won by those who suffered from other asbestos attorney-related illnesses such as asbestosis or pleural plaques. The disease that caused them was very similar to the mesothelioma, which makes it simpler to prove for lawyers. These claims led to the release of secret documents that revealed the ways asbestos product manufacturers attempted to hide the risks they carry. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
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. Additionally, mesothelioma patients filed lawsuits against the companies that designed and constructed the buildings they worked in including shipyards, power plants, factories and refineries. The link between asbestos exposure and mesothelioma growth is very strong.
In the early 1980s, legal battles over asbestos lawsuits became more intense and the courts began to rule on various aspects of the litigation process. For example a federal court ruled that only people suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to file an action against the makers of asbestos-related products they employed. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos lawsuit defendants.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal case against asbestos-related companies. Kershaw was diagnosed with lung problems due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to cover her treatment. The company refused. Kershaw died at 33 years old of lung fibrosis.
The second wave of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also prevailed in 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 uncovered. These documents proved their involvement in fraud and conspiracies. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to hide asbestos' dangers and to thwart efforts to warn the public.
The discovery of these and other types of corporate fraud and conspiracy in the mid- to late 1980s led to a flurry of class action settlements as well as other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as the public at large.
The Third Cases
In the 1970s, asbestos companies were no longer able hide the deadly effects of asbestos-related diseases like mesothelioma from the public. This was due in large part to the fact that major national publications began to pay attention to the connection between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. After asbestos-related serious illnesses were established, victims began filing lawsuits against asbestos-related companies.
One of the main push factors that led to more asbestos lawsuits in 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were liable for any injuries they caused when the company knew their product was dangerous and did not warn its employees or the public about the dangers.
After the ruling, a number of asbestos producers have filed for bankruptcy. This process allows a business, while still in operation, to organize its affairs in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was hit by numerous lawsuits filed by former employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.
Asbestos litigation has grown in the past few years due to the rising number of asbestos-related diseases. Asbestos cases can be complicated, as the illnesses they cause can take decades to manifest themselves and are not always immediately obvious to those diagnosed.
Some victims have also been waiting for years to receive settlements from insurance companies even 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 considered whether individual defendants can be held accountable for injuries resulting from asbestos.
The Fourth Case
Asbestos, a mineral that is extremely harmful, has sickened and killed hundreds of thousands of people over the many years. It's also a substance that was widely used by companies who knew that it was dangerous and they continued to employ it in their manufacturing processes.
As the legal system handles asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a case called Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions to recover compensation.
Most of the time, these cases involve exposure to asbestos in the second degree. Workers who work with asbestos work may pass it on to their family members or spouses. Family members are affected by mesothelioma as well as other asbestos-related illnesses.
This kind of case is the basis of many lawsuits brought by the families of victims today. Asbestos lawyers can aid families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.
The emergence of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer experienced in the complicated legal issues that these cases present.
While many asbestos attorneys, Click on Posteezy, have advocated for this type of litigation, there are those who are against it. In actual fact, there have been several attempts to pass legislation to limit the use of asbestos class actions.
The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies violated state laws by not properly disposing of asbestos and failing to protect residents from toxic dust.
Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical and also by attempting to pass legislative solutions that would prevent victims from seeking justice. It appears that many victims, and their lawyers are determined to see justice acted upon.