20 Things You Should Be Educated About Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People with asbestos-related diseases, such as mesothelioma, can sue companies who mined, manufactured or used asbestos.
Nellie Kershaw was the first to file an asbestos lawsuit. She was diagnosed with health issues while working in an asbestos fiber factory in England. She passed away at the age of 33 of fibrosis in the lung due to asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has sickened or killed thousands of people over the course of time. Asbestos claims can be filed for various reasons, but they usually involve those who were exposed to asbestos at work. This includes workers who worked in factories that made asbestos-related products, or on the construction site of buildings containing asbestos. It could also include those who were exposed to asbestos through household products such as talcum powder.
Exposure to asbestos can cause a variety of illnesses, including mesothelioma, lung cancer and other respiratory ailments. Many people have been awarded compensation for their injuries, even though some of these diseases are fatal. Most countries have laws requiring companies that produce dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929 and included a woman named Anna Pirskowski. She was suffering from shortness of breathe and thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit involving asbestos.
Asbest lawsuits continued to be filed in the years following. Some of these cases were very large, and many attorneys began to specialise in asbestos litigation. This meant that they dealt with the most serious cases. One company that took on this was Kazan Law, which in the latter half of the 1980s began to concentrate on taking on cases for people who had mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related ailments like asbestosis and plaques in the pleural region. This is because the disease that caused these was very similar to mesothelioma, making it simpler for lawyers to prove. 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 illnesses grew the families and victims began filing lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against the companies that designed and constructed the buildings that they worked in including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal battles over asbestos attorney lawsuits became more intense and the courts began to rule on a variety of aspects of the case process. For instance, a federal court ruled that only people suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of the asbestos products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to defendants in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit filed against asbestos companies. Kershaw was diagnosed with lung problems caused by her close contact with raw asbestos fibers, attempted to get the company she worked for to pay for her treatments. The company, however, refused. Kershaw passed away at 33 years old from fibrosis of her lungs.
The second phase of asbestos lawsuits centered on workers exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also brought successful cases against companies that produced equipment that contained asbestos-containing materials, such as boilers and pumps.
During this time, many documents pertaining to asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to conceal the fact that asbestos was hazardous and to thwart efforts to inform the public of Asbestos Attorney' dangers.
In the mid-1980s to early-1990s in the 1980s, when these and other forms of corporate fraud and conspiracy were uncovered In the early to mid-1980s, a wave of class actions settlements was launched, along with other attempts made to limit asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the general public.
The Third Cases
In the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and other asbestos-related illnesses from the public. This was due in large part to the fact that major national publications began to pay attention to the connection between asbestos, mesothelioma and other respiratory diseases, rather than small industry newsletters and medical journals. Once the connection between asbestos and serious diseases was established, patients began filing lawsuits against asbestos manufacturers.
In the 1970s, a court ruling that allowed plaintiffs the use of strict liability as a legal theory was one of the primary factors that led to an increase in asbestos lawsuits. Previously, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in causing their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were liable for any injuries caused by their products in the event that the company knew their product was hazardous and failed to warn its employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos-related companies were forced to file for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, set money aside in trusts to pay for asbestos claims and still operate. Johns-Manville is an example. It was the victim of numerous lawsuits filed by former employees who were suffering from asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer, and was able to win punitive damages verdicts against it.
Asbestos litigation has increased since then due to the rising number of asbestos-related diseases. Asbestos cases can be complicated, as the illnesses they cause can take years to manifest and are not always evident 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 to be accountable. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering class action settlements. It also has discussed whether individuals can be held accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral which is extremely dangerous, has sickened and killed hundreds of thousands over the years. Asbestos was also widely used by companies who knew it was a risk, but continued to employ it.
As the legal system handles asbestos lawsuits, there are always new developments. One of the most significant legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries for compensation.
These situations usually result in secondary exposure to asbestos. Workers who handle asbestos at work may transfer it to their family members or spouses. Family members 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 companies that caused the asbestos-related injuries suffered by their loved ones.
Another significant advancement in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer familiar with the complex legal issues that these cases present.
While many asbestos attorneys have pushed for this type of litigation, there are those who are against it. In fact there have been a number of attempts to pass legislation that would limit the use of class actions in asbestos cases.
The most recent significant change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies concerning how they dealt with asbestos abatement and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to protect residents from harmful dust.
Asbestos litigation is a long-running issue that is likely to continue for a number of decades to come. The asbestos industry has tried to avoid responsibility through legal arguments based on technicalities and also by attempting to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice acted upon.