Asbestos Lawsuit History
Many asbestos victims have received help from lawyers such as Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber factory in England. She died at age 33 from fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has sickened or killed thousands of people over the course of time. Asbestos claims can be filed for a variety of reasons, but they typically involve people who were exposed to asbestos at work. This includes those who worked in factories that manufactured asbestos-related products or at the construction site of buildings containing asbestos. It can also include those who were exposed to asbestos by using household products, such as talcum powder.
People who were exposed to asbestos may develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory ailments. Many people have been awarded compensation for their injuries, even though some of these diseases are fatal. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who could be hurt by them.
The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and thickening of the fingertip tissue which is also known as clubbing. She was awarded a settlement of $75,000 in what is believed to be the 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 started to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on this was Kazan Law, which in the late 1980s started to concentrate on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by people who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural cavity. This is because the condition that caused these was very like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the disclosure of secret documents that showed the way asbestos producers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew the families and victims began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, produced asbestos-containing products or sold asbestos-containing products. Additionally, mesothelioma patients filed lawsuits against the companies that designed and built the buildings they worked in including shipyards, power plants refineries and factories. The correlation between asbestos exposure and the development of mesothelioma is strong.
In the early 1980s, the legal fights over asbestos lawsuits got more ferocious and courts began to rule on various aspects of the litigation process. A federal court, for example decided that only those suffering from asbestos-related malignancies like mesothelioma or lung cancer were able to take on asbestos manufacturers. products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw, who had been diagnosed with lung problems caused by her close contact with raw asbestos fibers, tried to get the firm she worked for to pay for her treatments. But, the company was unable to agree. Kershaw died in her 30s of fibrosis.
The second round of asbestos lawsuits focused on people who had been exposed to different kinds of asbestos-containing building materials, such as fireproofing sprays, and drywall products. Asbestos lawyers also filed successful cases against companies that produced equipment that contained asbestos-containing materials, like pumps and boilers.
During this period, a variety of incriminating documents were discovered that demonstrated asbestos companies were involved in conspiracy and fraud. The documents include the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide the dangers of asbestos and suppress efforts to warn the public.
In the early to mid-1980s When these and other forms corporate fraud and conspiracy were discovered, a wave class action settlements was launched, along with other efforts were made to limit asbestos liability were made by asbestos companies. These attempts were met with a fierce opposition from plaintiffs' lawyers and their clients, as well as from the public at large.
The Third Cases
By the 1970s, asbestos firms had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related diseases from the public. This was due to the fact that the link between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of small medical journals or newsletters for industry. When the link between asbestos and serious illness was well-established, victims started filing lawsuits against asbestos producers.
One of the major factors that pushed an increase in asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. Plaintiffs in asbestos lawsuits used to have to prove that asbestos manufacturers were negligent in exposing them to. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew their product was unsafe but did not warn their employees or the general public about the dangers.
Following this ruling, many asbestos manufacturers have filed for bankruptcy, a procedure that allows a business to reorganize itself in bankruptcy court, set money in trusts to cover asbestos claims and still be in operation. Johns-Manville is a noteworthy case because it was slammed with a variety of lawsuits filed by former factory workers who were suffering from asbestosis, lung cancer and mesothelioma. Kazan Law set several cases against the manufacturer and was able to obtain punitive damages verdicts against the company.
Asbestos litigation has grown since then due to the rising number of asbestos-related diseases. Asbestos litigation can be complicated because the diseases caused by asbestos can take a long time to manifest and aren't always apparent to those diagnosed.
Additionally, 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 various cases where asbestos companies attempted to limit their liability by offering class action settlements. It also has addressed the question of 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 that it was dangerous, and yet they continued to employ it in their manufacturing processes.
As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most significant legal developments is a case called Lubbe v. Cape Plc, which set the precedent for 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 handle asbestos at work may pass it on to their family members 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 situation. Asbestos lawyers can aid families file a claim against the company responsible for their loved ones' asbestos injuries.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits allow victims to seek justice with the help of a lawyer well-versed in the 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 several attempts to pass legislation restricting the use of class actions in asbestos cases.
Fontana asbestos lawsuit in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit claimed that the companies had violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from harmful dust.
Asbestos litigation has been going on for decades and it will continue to do so throughout the years to come. 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 get justice.