20 Things You Need To Know 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 mined, manufactured 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 developed health issues. She died at age 33 from fibrosis of the lung caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for various reasons, but they typically involve those who were exposed to the substance at work. This could include workers in factories that made asbestos-related items or those working in the construction of buildings with asbestos attorneys, or who were exposed to asbestos secondhand from contaminated household products like talcum powder.
Anyone who was exposed to asbestos may develop a number of different diseases including mesothelioma, lung cancer, and other respiratory conditions. While some of these illnesses are serious and may be fatal, many people have been able receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform those who may be injured by them.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a variety of symptoms including shortness of breath and the thickening of the tissue around the fingers, also known as clubbing. She was awarded a settlement of $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. They only would take on cases that were extremely serious. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases like asbestosis and plaques in the pleural cavity. This is because the disease that caused these was very similar to mesothelioma and therefore more straightforward for lawyers to prove. These claims led to the release of secret documents that showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Case
As the number of people suffering from asbestos-related diseases increased, victims and their families began filing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies who designed and constructed the buildings that they worked in including power plants, shipyards and refineries. The link between asbestos exposure and the development of mesothelioma is strong.
In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the procedure. For example, a federal court ruled that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are able to file a lawsuit against the manufacturers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major 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 companies. Kershaw was diagnosed with lung problems due to her frequent contact with asbestos fibers, attempted to get the firm she worked for to pay for her medical treatments. However, the company refused. Kershaw passed away at 33 years old of fibrosis of her lungs.
The second round of asbestos cases centered on workers who worked in construction sites and were exposed to different types of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also filed successful cases against companies that made equipment that utilized asbestos-containing material, such as boilers and pumps.
During this time, a variety of documents incriminating 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, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal the fact that asbestos was hazardous and to deflect efforts to inform the public about these dangers.
In the mid-1980s to early-1990s in the 1980s, when these and other forms of corporate fraud and conspiracy were exposed In the early to mid-1980s, a wave of class actions settlements was launched and other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys as well as their clients and the general public.
The Third Case
In the 1970s, asbestos firms had lost the ability to keep information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the general public. This was largely due to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and respiratory diseases like asthma began getting attention from major national publications instead of small medical journals or industry newsletters. After the links between asbestos and serious illnesses were established and the victims began filing lawsuits against asbestos manufacturers.
One of the major push factors that led to more asbestos lawyer lawsuits in 1970s was a court ruling that allowed plaintiffs to utilize the legal theory of strict liability. Plaintiffs in asbestos cases used to need to prove that asbestos manufacturers were negligent for exposing them. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries their products caused in the event that the company knew their product was dangerous and did not inform its employees or the public about the dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This permits a business, even though it is still operating, to reorganize itself in bankruptcy court and to put funds into trusts to pay asbestos claimants. Johns-Manville is an example. It was a victim of numerous lawsuits brought 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 win punitive damage verdicts against the company.
Since the time, asbestos litigation has continued to grow as a result of the growing number of people suffering from asbestos-related illnesses. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take a long time to manifest and aren't always apparent to those who are diagnosed.
In addition, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be liable. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements in class action. The court has also addressed the question of whether individual defendants could be held liable for injuries resulting from asbestos.
The Fourth Case
Asbestos, a mineral that is extremely dangerous, has sickened and killed hundreds of thousands of people over the decades. It's also a material that was used extensively by companies who knew it was dangerous and they continued to employ it in their manufacturing processes.
As the legal system deals asbestos lawsuits, there are always new developments. One of the most significant legal developments is a ruling known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions for compensation.
These situations usually involve secondary exposure to asbestos. This occurs when employees who handle asbestos on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma and other asbestos-related illnesses.
There are many lawsuits filed today by the families of victims of this type of case. Asbestos lawyers can help families file a claim against the company responsible for their loved ones' asbestos-related injuries.
Another significant change in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits offer victims the chance to seek justice through the help of an attorney well-versed in the legal issues that these cases raise.
While many asbestos attorneys (click here to visit Lovewiki for free) have pushed for this type of litigation, there are also some who oppose it. There have been several attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The latest major development in asbestos litigation is the filing of a lawsuit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and failing residents from the harmful dust.
Asbestos litigation has been ongoing for a long time and it will continue to be throughout the years to come. The asbestos industry has attempted to shield itself from responsibility by using legal arguments based on technicalities and by trying to pass legislative remedies which would stop victims from seeking justice. But, it appears that many victims and attorneys are determined to see justice served.