Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses such as mesothelioma can sue companies that mined asbestos, made or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a factory that made asbestos fibers in England and developed health problems. She passed away at 33 due to fibrosis of her lungs. It was caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who were exposed to asbestos at work. This could include workers in factories that produced asbestos-related products, people who worked on the construction of buildings with asbestos, or who were exposed to secondhand asbestos from contaminated household products like talcum powder.
Exposure to asbestos can cause a variety of diseases, including mesothelioma, lung cancer and other respiratory problems. While some of these illnesses are serious and may be fatal, many have been able to receive compensation for their injuries. This is because many countries have laws that require companies who create dangerous substances to inform those who may 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 breath and a thickening of the fingertip tissue (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.
In the years that followed there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a large area of law, and many lawyers began to specialize in asbestos litigation. This meant that they took on 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 the bringing of cases on behalf of mesothelioma patients.
Other lawsuits were won by individuals who suffered from other asbestos-related illnesses like asbestosis or plaques in the pleural cavity. The disease that caused them was like mesothelioma making it simpler to prove for lawyers. These claims led to the disclosure of secret documents that revealed how asbestos manufacturers tried to hide the risks they carry. This led to the Asbestos 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 bringing lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and constructed the structures where they worked like power plants, shipyards, factories and refineries. The correlation between asbestos exposure and mesothelioma's development is strong.
By the early 1980s, the legal dispute over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the litigation procedure. A federal court, for instance determined that only people suffering from malignant asbestos-related diseases like mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. was an important setback for defendants in asbestos litigation.
The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her close contact with asbestos fibers, tried to convince the company she worked for to pay for her treatments. But, the company was unable to agree. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos cases focused on workers who worked in construction sites and were exposed to various types of asbestos-containing building products such as fireproofing sprays, drywall products and textures. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing materials, such as boilers and pumps.
During this period, numerous documents pertaining to asbestos companies were uncovered. These documents proved their involvement in fraud and conspiracies. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to cover up the fact that asbestos was dangerous and to suppress efforts to inform the public about asbestos' dangers.
The discovery of these, and other forms of corporate fraud and conspiracy in the early to mid-1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with strong resistance from plaintiffs' attorneys and their clients, as as the general public in general.
The Third Case
By the 1970s, asbestos companies had lost the ability to keep information about the deadly effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact that major national publications began to pay attention to the connection between mesothelioma, asbestos, and other respiratory diseases, rather than small industry newsletters and medical journals. After asbestos-related serious illness were well established and patients began filing lawsuits against asbestos-related companies.
In the 1970s, a court ruling which allowed plaintiffs to make recourse to strict liability as a legal theory was one of the primary factors that led to an increase in asbestos lawsuits. In the past, plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries they caused if the company knew that their product was dangerous and did not inform its employees or the public about the dangers.
Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, put funds aside in trusts to pay asbestos claims and still be in operation. Johns-Manville is an example. It was the victim of many lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, and lung cancer. Kazan Law brought several cases against the manufacturer and was able obtain punitive damages verdicts against it.
Since the time, asbestos litigation has continued grow as a result of the rising number of victims suffering from asbestos-related illnesses. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take years to manifest and aren't always apparent to those diagnosed.
Some victims have also been waiting for years to receive settlements from insurance companies even after their employers were found responsible. The US Supreme Court has addressed several cases in which asbestos companies tried to limit their liability by offering settlements for class actions. It has also addressed the question of whether individuals can be held accountable for injuries resulting from asbestos.
The Fourth Case
Asbestos, a substance that is extremely hazardous, has sickened and killed hundreds of thousands of people over the many years. It's also a product that was used extensively by companies who knew it was dangerous but continued to use it in their manufacturing processes.
The legal system is able to handle these asbestos lawsuits, there are always new developments. One of the most important legal developments is a case known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational companies in their home jurisdictions to recover compensation.
Often, these cases involve exposure to asbestos in the second degree. Workers who work with asbestos 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 type of case. Anaheim asbestos lawyer can assist families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved relatives.
Another significant development in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer who is experienced in the complicated legal issues that these cases raise.
Certain asbestos lawyers are against this type of litigation. In actual fact, there have been several attempts to pass legislation restricting the use of asbestos-related class actions.
The most recent significant development 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 alleged the companies violated state laws in not properly disposing asbestos and failing residents from toxic dust.
Asbestos litigation has been ongoing for a long time and it will continue to do so well into the future. The asbestos industry has tried to shield itself from responsibility using technical legal arguments and by trying to pass legislative solutions which would hinder victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice done.