Five Things Everybody Does Wrong Regarding Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber plant in England. She died at the age of 33 of fibrosis in the lung caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over time. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos in their work. This includes employees who worked in factories that made asbestos-related products or on the construction sites of buildings containing asbestos. It can also include people who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can cause various illnesses that include mesothelioma, lung cancer and other respiratory problems. Many have been compensated for their injuries, even though some of these diseases are fatal. This is because many countries have laws that require companies that create 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 a range of symptoms including breathlessness and thickening of the tissue around the fingers, also known as clubbing. She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit involving asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a vast area of law and many attorneys started to specialize in asbestos litigation. They only would take on cases that were very serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits were won by people who had been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the condition that caused these was very similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how manufacturers of asbestos products attempted to conceal the dangers. This led to the asbestos attorney Ban and Phase Out Rule being announced in 1989.
The Second Case
As the number diagnosed with asbestos-related disease increased the families and victims began filing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Additionally, mesothelioma patients made claims against companies that designed and constructed the buildings they worked in, such as shipyards, power plants factories and refineries. The correlation between asbestos exposure and mesothelioma development is strong.
In the early 1980s, legal fights over asbestos lawsuits got more ferocious and courts began to rule on many aspects of the case process. For instance, a federal court ruled that only those suffering from malignant asbestos-related disease like mesothelioma or lung cancer are eligible to bring an action against the makers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos companies. Kershaw, who had been diagnosed with lung ailments due to her close contact with asbestos fibers, tried to get the company she worked for to pay for her treatments. The company was unable to pay. Kershaw died at 33 years old from fibrosis of her lungs.
The second round of asbestos cases centered on workers who worked in construction sites and were exposed to various types of asbestos-containing building materials, including fireproofing sprays, drywall materials and textures. Asbestos attorneys also brought successful cases against companies who manufactured equipment that used asbestos-containing material, such as boilers and pumps.
During this time, a number of incriminating documents were discovered that revealed asbestos companies have been involved in a scheme of fraud and. 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 the plot of these companies to conceal the fact that asbestos was hazardous and to deflect efforts to inform the public of the dangers.
In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were uncovered, a wave class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys, their clients and the public.
The Third Case
In the 1970s, asbestos companies were no longer able to hide the deadly effects of asbestos-related illnesses like mesothelioma from the public. This was due to the fact that the link between asbestos and illnesses such as mesothelioma, asbestosis and other respiratory ailments began receiving attention from major national publications instead of just small industry newsletters or medical journals. As soon as the link between asbestos and serious illness was well established, victims started filing lawsuits against asbestos manufacturers.
One of the major factors that pushed more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to utilize the legal concept of strict liability. Previously, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew that their product was unsafe but did not inform their employees or the general public about its dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This allows a company, even if still operating, to reorganize its affairs in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville was a particularly notable case, since it was slammed with a variety of lawsuits brought by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able to win punitive damage verdicts against the company.
Asbestos litigation has grown in the past few years because of the increasing number of asbestos-related diseases. Asbestos litigation is often complex because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found accountable. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering class action settlements. The court has also considered whether individuals can be held liable for asbestos related injury.
The Fourth Case
Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the years. It's also a product that was used extensively by companies that knew it was dangerous but continued to make use of it in their manufacturing processes.
As the legal system handles asbestos lawsuits, there are always new developments. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multinational companies in their home countries to recover compensation.
In most cases, these situations involve exposure to asbestos in the second degree. Workers who work with asbestos work may pass it on to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.
Many lawsuits are filed today by the families of victims of this type of case. Asbestos lawyers can assist families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.
Another significant advancement in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits offer victims the opportunity to seek justice with the assistance of an attorney who is familiarized with the complex legal issues that these cases raise.
While many asbestos attorneys - click through the following article, have pushed for this type of lawsuit, there are some who oppose it. There have been numerous initiatives to pass legislation that limit the use class actions in asbestos lawsuits.
The most recent major development in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit claimed that the companies had violated state law by not properly disposing of asbestos and failing to protect residents from harmful dust.
Asbestos litigation has been going on for decades and it will continue to do so well into the future. The asbestos industry has tried to shield itself from responsibility using legal arguments that are technical, and by trying to pass legislative remedies that would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice acted upon.