15 Reasons You Shouldn t Ignore Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have been helped by lawyers like Stanley Levy. Patients suffering from asbestos-related diseases, such as mesothelioma, are able to sue companies that mined, manufactured or used asbestos.

The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber factory in England. 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 infected and killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they generally involve people who were exposed to asbestos at work. This includes those who worked in factories that manufactured asbestos-related products or on the construction site of buildings with asbestos. It can also be those who were exposed to asbestos through household products like talcum powder.

Exposure to asbestos can trigger a variety of diseases which include lung cancer, mesothelioma and other respiratory issues. While some of these ailments are extremely serious and could be fatal, a lot of people have been able receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that produce dangerous substances to warn people who might be hurt by them.

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

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation grew into a large area of law, and many attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely serious. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits have been won by people who suffered from asbestos-related ailments like asbestosis and plaques in the pleural region. This is due to the fact that the disease that caused them was similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers tried to conceal the risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number of people diagnosed with asbestos-related disease increased the number of victims and their families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed claims against the companies that designed and constructed the structures where they worked, including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma development is very strong.

In the early 1980s the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on various aspects of the litigation process. A federal court, for instance, ruled that only those suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer were able to sue the manufacturers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

At 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 companies. Kershaw, who had been diagnosed with lung ailments caused by her close contact with asbestos fibers, attempted to get the firm she worked for to cover her treatment. The company was unable to pay. Kershaw passed away in her 30s from fibrosis.

The second wave of asbestos-related cases focused on workers who worked at construction sites and were exposed types of asbestos-containing building materials such as fireproofing sprays, textures and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that used asbestos attorney-containing products, such as pumps and boilers.

During this period, numerous documents that implicated asbestos companies were uncovered. These documents proved their involvement in conspiracies and fraud. 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 the plot of these companies to conceal the fact that asbestos was hazardous and to thwart efforts to inform the public of the dangers.

The discovery of these, and other forms of corporate fraud and collusion in the early to mid-1980s led to a flurry of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These efforts were met with strong opposition from plaintiffs' attorneys and their clients as well as the public.

The Third Case

By the 1970s, asbestos companies had lost the ability to keep information on the fatal effects of mesothelioma and other asbestos-related diseases from the public. This was due in large part to the fact that major national publications began paying attention to the connection between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. When asbestos-related serious illness were well established and patients began making lawsuits against asbestos producers.

In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal principle was one of the main reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would have to prove that asbestos producers were negligent in exposing them to. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries resulting from their products if they knew that their product was unsafe, but did not inform their employees or the general public about its dangers.

Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, set money aside in trusts to pay for asbestos claims, and then continue to continue to operate. Johns-Manville is an example. It was hit by numerous lawsuits brought by former workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company.

Since the time asbestos litigation has continued to grow due to the growing number of people suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases they cause can take decades to manifest and are not always apparent to those who are diagnosed.

A few victims have been forced to wait for years for reimbursement from insurance companies even after their employers were found to be responsible. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered as a way 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 injuries.

The Fourth Cases

Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also widely used by companies who were aware of its dangers however they continued to use it.

The legal system is able to handle these asbestos lawsuits, there are always new developments. One of the most significant legal developments is a case known as Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions for compensation.

In most cases, these situations involve secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

There are many lawsuits filed today by the families of victims of this type of situation. asbestos attorneys (Click at Zenwriting) can help families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved relatives.

The rise of class action lawsuits is another major development in asbestos attorney litigation. These asbestos lawsuits give victims the chance to seek justice with the assistance of an attorney who is well-versed in the complicated legal issues these cases present.

While many asbestos attorneys have pushed for this type of litigation, there are also certain people who do not support it. In actual fact there have been a number of attempts to pass legislation restricting the use of asbestos class actions.

The most recent major advancement in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit claimed that the firms violated state laws by not disposing asbestos properly and exposing residents to 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 by making legal arguments that are technical and attempting to get legislative remedies passed that would prevent the victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice done.