Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from mesothelioma and 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 worked in a plant that made asbestos fibers in England and was diagnosed with health issues. She passed away at the age of 33 of fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands of people over the years. Asbestos claims can be filed for various reasons, but they typically involve those who were exposed to the substance at work. This includes workers who worked in factories that produced asbestos-related products or at the construction sites of buildings with asbestos. It can also be those who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can cause a variety of illnesses which include mesothelioma, lung cancer and other respiratory problems. Many people have been compensated for their injuries, even though some of these diseases can be fatal. This is largely because most countries have laws that require companies who create dangerous substances to inform those who could be injured by them.
The first asbestos lawsuit, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from a range of symptoms including shortness of breath and the thickening of the tissue around the fingers, called clubbing. She was awarded a settlement of $75,000 in what is believed to be a first-ever class action lawsuit involving asbestos.
In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys began to specialize in asbestos litigation. They only accepted cases that were extremely important. One company that took on this was Kazan Law, which in the late 1980s began to concentrate on the bringing of cases on behalf of mesothelioma patients.
Other lawsuits have been won by people who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural region. This is due to the fact that the disease that caused these was very like mesothelioma making it easier for lawyers to prove. These claims also led to the revelation of secret documents that showed how asbestos-related manufacturers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Case
As the number of people suffering from asbestos-related diseases increased, victims and their families began to file lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against the companies that designed and constructed the structures in which they worked including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious and courts began to rule on a variety of aspects of case processes. A federal court, for example decided that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer were able to take on asbestos manufacturers. products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first known lawsuit against asbestos-related companies. Kershaw was 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. The company refused. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos lawsuits focused on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that made use of asbestos-containing materials, such as boilers and pumps.
During this time, a variety of documents average payout for asbestosis pertaining to asbestos companies were uncovered. These documents revealed their involvement in conspiracies and fraud. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to hide knowledge that asbestos was dangerous and to thwart efforts to inform the public of asbestos' dangers.
The discovery of these, and other forms of corporate fraud and collusion in the mid- to late 1980s caused a surge of class action settlements and other attempts at limiting asbestos liability for asbestos companies. These efforts were met with strong opposition from plaintiffs' lawyers and their clients, as well as the general public at large.
The Third Cases
In the 1970s, asbestos companies could no longer cover up the dangers of asbestos-related diseases such as mesothelioma from people. 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 illnesses, as opposed to small industry newsletters and medical journals. After the links between asbestos and serious illness were well established and the victims began filing lawsuits against asbestos-related companies.
One of the main 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. Previously asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries they caused in the event that the company knew their product was dangerous and did not warn its employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos manufacturers have filed for bankruptcy, a process that allows businesses to reorganize in bankruptcy court, and put funds aside in trusts to pay for asbestos claims, and continue to continue to operate. Johns-Manville is a notable example, as 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 win punitive damage verdicts against the company.
Since the time asbestos litigation has continued grow due to the increasing number of victims suffering from asbestos-related diseases. Asbestos cases are often complex, as the illnesses they cause can take years to manifest and aren't always apparent to those who are diagnosed.
Some victims have also been forced to wait for years for compensation from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed a number of cases where asbestos companies tried to limit their liability by offering settlements for class actions. The court has also discussed whether individuals can be held liable for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral that is extremely dangerous, has sickened and killed hundreds of thousands of people over the decades. Asbestos was also extensively used by companies who were aware of its dangers yet continued to make use of it.
As the legal system handles these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is the ruling Lubbe v. Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries to recover compensation.
Most of the time, these cases involve exposure to asbestos in the second degree. This occurs when employees who work with asbestos on the job pass it to their spouses or children at home. The family members suffer from mesothelioma and other asbestos-related diseases.
This kind of case is the basis for many lawsuits filed by families of victims of asbestos today. Asbestos lawyers can help families file a claim against companies responsible for the asbestos injuries of their loved ones.
The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to seek justice with the help of a lawyer who is experienced in the complicated legal issues these cases raise.
Certain asbestos lawyers are against this type of litigation. In actual fact there have been numerous attempts to pass legislation that would limit the use of asbestos class actions.
The most recent major development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled 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 protect residents from toxic dust.
Asbestos litigation has been a long-running issue that is likely to continue for a long time. The asbestos industry has attempted to avoid accountability by using legal arguments based on technicalities and by trying to pass legislative solutions which would stop victims from seeking justice. However, it seems that many victims and their lawyers are determined to see justice served.