Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related illnesses can sue companies that produced, mined, or used asbestos and asbestos-containing products.
external pageThe first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 from fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they typically involve people who were exposed to the substance at work. This could include workers in factories that made asbestos-related products, people who worked on the construction of structures containing asbestos and even those who were exposed to asbestos from household products that were contaminated, such as talcum powder.
Anyone who was exposed to asbestos could develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory ailments. Many have been compensated for their injuries, even though some of these diseases are fatal. Many countries have laws that require companies that produce dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from a range of symptoms, including shortness of breath and the thickening of the fingertip tissue, also known as clubbing. She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.
In the years following, more and more asbestos lawsuits were filed. Some of the cases became quite large, and a lot of attorneys began to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. One firm that was involved in this was Kazan Law, which in the late 1980s began to focus on bringing cases on behalf of people who had mesothelioma.
Other lawsuits were won by people who had suffered from other asbestos-related illnesses like asbestosis or pleural plaques. This is because the condition that caused them was like mesothelioma making it more straightforward for lawyers to prove. These claims also led to the revelation of secret documents that demonstrated how asbestos-related manufacturers tried to conceal the risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Cases
As the number of people suffering from asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Additionally, mesothelioma patients made claims against companies who designed and constructed the buildings where they worked, such as shipyards, power plants factories and refineries. The link between mesothelioma and asbestos exposure is strong.
In the early 1980s, the legal battle over asbestos lawsuits began to escalate and the courts ruled on many aspects of the litigation process. For example a federal court ruled that only people suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file a lawsuit against the manufacturers of asbestos-related products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos lawsuit (clashofcryptos.trade) defendants.
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 companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung issues caused by her close exposure to asbestos fibers. She attempted to convince her employer to pay for the treatment. The company refused. Kershaw died in her 30s of fibrosis.
The second phase of asbestos lawsuits centered on those who were exposed to various kinds of asbestos lawyer-containing building materials, like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that used asbestos-containing products, such as boilers and pumps.
During this time, numerous documents that were incriminating were found that revealed asbestos companies were involved in fraud and conspiracy. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to conceal the fact that asbestos was dangerous and to thwart efforts to inform the public of the dangers.
In the early and mid-1980s, when these and other forms of corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlements was launched, along with other attempts were made to reduce asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the public.
The Third Cases
In the 1970s, asbestos-related companies were no longer able to cover up the dangers of asbestos-related diseases like mesothelioma from the general public. This was due in large part to the fact that major national publications began paying attention to the link between asbestos, mesothelioma and other respiratory diseases, instead of small industry medical journals and newsletters. After the links between asbestos and serious illnesses were well-established and patients began filing lawsuits against asbestos manufacturers.
One of the main factors that pushed increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in causing their asbestos exposures. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew that their product was unsafe, but did not inform their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, and put money aside in trusts to pay asbestos claims, and then continue to be in operation. Johns-Manville was an especially noteworthy case because it was the subject of numerous lawsuits filed by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages against it.
Asbestos litigation has increased since then due to the rising number of asbestos-related diseases. Asbestos lawsuits are often complicated, as the illnesses they cause can take decades to manifest themselves and are not always evident to those who have been diagnosed.
Additionally certain 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 lawyer companies attempted to limit their liability by offering settlements for class actions. The court has also considered whether individual defendants can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands over the years. Asbestos was also widely used by companies who knew it was dangerous, but continued to employ it.
As the legal system tackles asbestos lawsuits and asbestos lawsuits, new developments take 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 corporations in their home countries for compensation.
These situations usually result in secondary exposure to asbestos. This is when those who work with asbestos while on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma or other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this type of case. Asbestos lawyers can assist families file a claim against the companies that caused the asbestos injuries of their loved ones.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits allow victims to seek justice with the aid of a lawyer who is familiar with the complex legal issues that these cases raise.
Certain asbestos attorneys are against this type of litigation. There have been numerous initiatives to pass legislation that limit the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit alleged the companies violated state laws by not disposing asbestos properly and failing to protect residents from toxic dust.
Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to be well into the future. The asbestos industry has tried to avoid responsibility through technical legal arguments, and by trying to pass legislative solutions that would stop victims from seeking justice. It appears that many victims, and their lawyers, are determined to see justice done.