The Largest Issue That Comes With Asbestos Lawsuit History, And How You Can Fix It
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses, such as mesothelioma, can sue companies who mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and developed health issues. She died at age 33 of fibrosis in the lung due to asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands of people throughout the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who have been exposed to asbestos while at work. This includes workers at factories that made asbestos-related items as well as those who worked in the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products that were contaminated, like talcum powder.
Exposure to asbestos can cause a variety of illnesses which include mesothelioma, lung cancer and other respiratory issues. Many people have been compensated for their injuries, even though some of these diseases are fatal. The majority of countries have laws that require companies that produce dangerous substances to inform anyone who might be injured.
The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breathe and thickening in 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 involving asbestos.
In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys started to specialize in asbestos litigation. This meant that they dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits have been won by people who suffered from asbestos-related diseases like asbestosis and pleural plaques. This is because the disease that caused these was similar to mesothelioma, making it easier for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers attempted to conceal the dangers. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Case
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma sufferers also filed lawsuits against the companies that designed and constructed the buildings where they worked such as shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is strong.
In the early 1980s the legal litigation over asbestos lawsuits grew more intense and the courts began to rule on many aspects of the litigation process. A federal court, for example decided that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer could sue the manufacturers of asbestos products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal case against asbestos-related companies. Kershaw was factory worker from Rochdale, England was diagnosed with lung issues due to her exposure to asbestos fibers. She tried to get her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw passed away in her 30s from fibrosis.
The second phase of asbestos lawsuits centered on people who had been exposed to different types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also won lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like boilers and pumps.
During this time, many documents that implicated asbestos companies were uncovered. These documents revealed their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide asbestos' dangers and deflect efforts to educate the public.
In Burbank asbestos attorneys and mid-1980s, when these and other forms of corporate fraud and conspiracy were discovered, a wave class action settlements was launched and other attempts were made to reduce asbestos liability by asbestos companies. These efforts were met with strong opposition from plaintiffs' lawyers and their clients, as well as the general public in general.
The Third Case
In the 1970s, asbestos companies had lost the ability to keep information on the fatal effects of mesothelioma and other asbestos-related diseases from the 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, rather than small industry medical journals and newsletters. Once asbestos-related serious illnesses were well-established and the victims began filing lawsuits against asbestos manufacturers.
One of the primary push factors that led to increased asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal theory of strict liability. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries resulting from their products if they knew their product was unsafe but did not warn their employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos manufacturers filed for bankruptcy, a process which allows a company to reorganize itself in bankruptcy court, set money in trusts to pay asbestos claims, and then continue to continue to operate. Johns-Manville was an especially notable case, since it was the subject of numerous lawsuits filed by former factory workers suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer and was able 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 litigation is often complex because the diseases caused by asbestos can take years to manifest and aren't always apparent to those who are diagnosed.
In addition there have been cases where victims were 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 a number of cases where asbestos companies tried to limit their liability by offering class action settlements. It also has considered whether individual defendants can be held liable for injuries caused by asbestos.
The Fourth Case
Asbestos is an incredibly dangerous mineral, which has killed or sickened hundreds of thousands of people over the decades. It's also a product that was extensively used by companies that knew that it was dangerous but continued to use it in their manufacturing processes.
As the legal system deals these asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries for compensation.
These cases typically result in secondary exposure to asbestos. This happens when workers who handle asbestos while on the job transfer it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases.
This type of case is the basis for many lawsuits filed by families of victims in the present. Asbestos lawyers can assist families bring a claim against companies responsible for the asbestos injuries of their loved ones.
The rise of class action lawsuits is another major development in asbestos litigation. These asbestos lawsuits provide victims the chance to seek justice through the assistance of an attorney well-versed in the complicated legal issues that these cases raise.
Certain asbestos attorneys are against this kind of litigation. There have been numerous attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The most recent major development in asbestos litigation is the filing of an action by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the firms violated state laws by not properly disposing of asbestos and failing residents from the harmful dust.
Asbestos litigation is a long-standing issue that is likely to continue for many decades to come. The asbestos industry has tried to avoid responsibility by bringing up technical legal arguments and by attempting to pass legislative remedies that would block victims from seeking justice. It appears that many victims, and their lawyers, are determined to see justice done.