Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that produced, mined or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber manufacturing plant in England. She passed away at 33 due to fibrosis in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has afflicted and killed thousands throughout the years. Asbestos claims are filed for a variety reasons, but most often involve those who were exposed to asbestos in their work. This includes workers who worked in factories that produced asbestos-related products or at the construction site of buildings with asbestos. It can also be those who were exposed to asbestos by using household products, such as talcum powder.
Exposure to asbestos can lead to many different diseases, including mesothelioma, lung cancer and other respiratory ailments. Many people have been awarded compensation for their injuries even though some these diseases are fatal. Many countries have laws that require companies that produce dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from a range of ailments, including breathlessness and thickening of the fingertip tissue, which is also known as clubbing. She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit filed in relation to asbestos.
Asbest lawsuits continued to be filed in the years that followed. Some of the cases grew very large, and many attorneys started to specialize in asbestos litigation. They only accepted cases that were very important. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits were won by people who had suffered from other asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. This is due to the fact that the disease that caused them was like mesothelioma making it easier for lawyers to prove. These claims led to the release of secret documents that showed how asbestos product manufacturers tried to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew, victims and families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold products containing asbestos. Mesothelioma victims also filed lawsuits against companies who created and built the buildings where they worked including shipyards, power plants and refineries. The correlation between asbestos exposure and the development of mesothelioma is strong.
In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on various aspects of case processes. For example a federal court ruled that only people suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are able to bring an action against the makers of the asbestos products they used. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At around Tacoma asbestos lawsuits , Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal case against asbestos-related companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. She tried to get her employer to cover the cost of treatment. The company was unable to pay. Kershaw died in her 30s of fibrosis.
The second wave of asbestos-related cases focused on workers who worked in construction sites and were exposed to different types of asbestos-containing building materials including fireproofing sprays drywall products and textures. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that used asbestos-containing materials, such as boilers and pumps.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents revealed their involvement in conspiracies and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal the dangers of asbestos and to thwart efforts to warn the public.
The discovery of these, and other forms of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These attempts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as the general public in general.
The Third Cases
By the 1970s asbestos companies were no longer able hide the deadly effects of asbestos-related diseases such as mesothelioma from the public. This was due in large part to the fact major national publications began paying attention to the link between mesothelioma, asbestos, and other respiratory diseases, instead of small industry medical journals and newsletters. When the link between asbestos and serious illnesses was well-established, victims began making lawsuits against asbestos producers.
One of the primary driving factors that led to more asbestos lawsuits in 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to be required to prove that asbestos producers were negligent in exposing them. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was unsafe but did not warn their employees or the general public about its dangers.
After this ruling, many asbestos producers were forced to file for bankruptcy. This procedure permits a business, even though it is still operating, to reorganize its affairs in bankruptcy court and place money into trusts to pay asbestos claimants. Johns-Manville is a notable case, since it was slammed with a variety of lawsuits from former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able obtain punitive damages against it.
Since then, asbestos litigation has continued to increase due to the growing number of people suffering from asbestos-related illnesses. Asbestos cases can be complicated, as the illnesses they cause can take years to manifest themselves and aren't always evident to those who have been diagnosed.
Some victims have been waiting for years to receive reimbursement from insurance companies, even after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. It has also considered whether individuals can be held liable for injuries caused by asbestos.
The Fourth Cases
Asbestos is a very dangerous mineral that has sickened or killed hundreds of thousands of people over the many years. It's also a substance that was extensively used by companies who knew it was dangerous, and yet they continued to make use of it in their manufacturing processes.
As the legal system handles these asbestos lawsuits new developments are taking place constantly. 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 are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work can 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 based on this kind of case. Asbestos lawyers can help families file a lawsuit against the company responsible for their loved ones' asbestos-related injuries.
The rise of class action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer experienced in the complicated legal issues these cases raise.
While asbestos lawyers have advocated for this type of lawsuit, there are certain people who do not support it. There have been numerous attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.
The latest major development in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged the companies in violation of state law by not disposing asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation is a long-standing issue that is likely to continue for a long time. The asbestos industry has attempted to avoid liability through legal arguments based on technicalities and also by attempting to pass legislative remedies that would prevent victims from seeking justice. But, it appears that a lot of victims and their attorneys are determined to see justice served.