15 Gifts For Your Asbestos Lawsuit History Lover In Your Life
Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. People with asbestos-related diseases like mesothelioma can sue companies that mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that spun asbestos fibers in England and was diagnosed with health issues. She passed away at 33 due to fibrosis in her lungs, which was caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands of people throughout the years. Asbestos claims can be filed for a variety of reasons, but they usually involve people who were exposed to the substance at work. This includes those who worked in factories that produced asbestos-related products or at the construction site of buildings with asbestos. It could also include people who were exposed asbestos through household products such as talcum powder.
Those who were exposed to asbestos can be afflicted with a variety of illnesses, including mesothelioma and lung cancer and other respiratory ailments. Many people have been compensated for their injuries even though some these diseases are fatal. This is because many countries have laws that require companies who create dangerous substances to warn people who might be hurt by them.
The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from shortness of breathe and a thickening of the fingertip tissue (known as clubbing). She received a settlement worth $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. Asbestos litigation grew into a vast area of law and many attorneys began to specialize in asbestos litigation. asbestos lawsuit attorneys took on cases that were serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits have been won by those who suffered from asbestos-related ailments like asbestosis and plaques in the pleural cavity. This is due to the fact that the disease that caused them was like mesothelioma making it simpler for lawyers to prove. These claims led to the disclosure of secret documents that showed how asbestos product manufacturers tried to conceal their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related disease increased the number of victims and their families began to file lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and constructed the buildings they worked in including shipyards, power plants, factories and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, the legal battles over asbestos lawsuits became more ferocious and courts began to rule on various aspects of the case process. For instance, a federal court ruled that only people suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to file lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.
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, who had been diagnosed with lung ailments due to her close contact with asbestos fibers, attempted to get the company she worked for to cover her treatment. The company was unable to pay. Kershaw died at 33 years old from lung 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 including fireproofing sprays drywall materials and textures. Asbestos lawyers also won cases against companies that made the equipment that made use of asbestos-containing materials, like boilers and pumps.
During this time, a variety of documents incriminating asbestos companies were uncovered. These documents revealed their involvement in conspiracy and fraud. The documents include the personal files 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 mid-1980s to early-1990s When these and other forms of corporate fraud and conspiracy were exposed in the 1980s, a wave of class action settlement was initiated, as well as other attempts were made to limit asbestos liability were made by asbestos companies. These efforts were met with fierce resistance from plaintiffs' attorneys and their clients, as well as the public at large.
The Third Case
By the 1970s, asbestos firms had lost the ability to hide information on the fatal effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact major national publications began paying attention to the connection between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the link between asbestos and serious illnesses was well established, victims began making lawsuits against asbestos producers.
One of the main driving factors that led to increased asbestos lawsuits in the 1970s was a court decision which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent for 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 that their product was unsafe, but did not inform their employees or the general public about its dangers.
After this ruling, many asbestos producers have filed for bankruptcy. This procedure allows a company, even if still in operation, to organize itself in bankruptcy court and place money in trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was hit by numerous lawsuits brought by former factory workers who were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able to get punitive damage verdicts against the company.
Asbestos litigation has grown in the past few years 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 aren't always evident to those who have been diagnosed.
Some victims have been forced to wait for years for compensation from insurance companies, even after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies tried to limit their liability by offering settlements in class action. It also has discussed whether individual defendants can be held accountable for asbestos related injury.
The Fourth Case
Asbestos, a mineral that is extremely hazardous, has sickened and killed hundreds of thousands over the many years. Asbestos was also widely used by manufacturers who were aware of its dangers, but continued to make use of it.
As the legal system handles these asbestos lawsuits, new developments are taking place every day. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set the precedent for victims to sue multinational corporations in their home countries for compensation.
Most of the time, these cases are accompanied by secondary exposure to asbestos. This occurs when employees who handle asbestos while on the job transfer it to their spouses or children at home. Family members are affected by mesothelioma as well as other asbestos-related illnesses.
Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos attorneys can help families bring a case against companies responsible for the asbestos-related injuries suffered by their loved family members.
Another significant change in asbestos litigation is the rise of class action lawsuits. These asbestos lawsuits allow victims to seek justice with the help of a lawyer well-versed in the legal issues these cases raise.
While asbestos lawyers have pushed for this type of litigation, there are some who oppose it. There have been numerous initiatives to pass legislation that restrict 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 concerning how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not disposing of asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation has been ongoing for decades and it's likely that it will continue to be for a long time to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative remedies that would prevent victims from seeking justice. However, it seems that a lot of victims and their lawyers are determined to see justice served.