Why You Should Focus On Enhancing Asbestos Lawsuit History
Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. People with mesothelioma and other asbestos-related diseases can sue companies that mined, manufactured or used asbestos and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed health issues while working in an asbestos fiber factory in England. She died at the age of 33 of fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands throughout the years. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos at work. This includes workers who worked in factories that produced asbestos-related products or at the construction sites of buildings that contain asbestos. It could also include people who were exposed to asbestos through household products such as talcum powder.
Exposure to asbestos can lead to various diseases, including mesothelioma, lung cancer, and other respiratory ailments. Although some of these diseases are very serious and can be fatal, many people have been able to obtain compensation for their injuries. Many countries have laws that require companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit was filed in 1929 and involved a woman named Anna Pirskowski. She was suffering from a range of symptoms including shortness of breath and thickening of the fingertip tissue, known as clubbing. She was awarded an amount of $75,000 in settlement that is believed to be the first class action lawsuit in the field of asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Some of these cases were extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they took on the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits were won by people who had suffered from other asbestos-related diseases like asbestosis or pleural plaques. The condition that caused them was like mesothelioma and therefore easier to prove for lawyers. These claims led to the disclosure of secret documents that revealed the ways asbestos product manufacturers attempted to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was enacted.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. Mesothelioma patients also filed lawsuits against the companies that designed and constructed the structures in which they worked such as shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the procedure. For Miami Gardens asbestos attorneys ruled that only those suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to bring an action against the makers of asbestos-related products they used. The ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.
At the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung issues caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw died at 33 years old from lung fibrosis.
The second phase of asbestos lawsuits centered on workers 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 utilized asbestos-containing materials, like pumps and boilers.
During this period, numerous documents that implicated asbestos companies were discovered. These documents showed their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to hide the fact that asbestos was hazardous and to deflect efforts to inform the public of asbestos' dangers.
The discovery of these and other forms of corporate fraud and conspiracy in the early and mid-1980s led to a flurry of class action settlements as well as other efforts to limit asbestos liability for asbestos companies. These attempts were met with fierce resistance from plaintiffs’ attorneys and their clients as well as the general public.
The Third Case
In the 1970s, asbestos companies were no longer able to conceal the devastating effects of asbestos-related illnesses like mesothelioma from the general public. This was largely due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and respiratory diseases like asthma began getting attention from major national publications instead of just small industry newsletters or medical journals. As soon as the link between asbestos and serious diseases was established, patients began filing lawsuits against asbestos producers.
One of the main push factors that led to increased asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew that their product was unsafe, but did not warn their employees or the general public about the dangers.
After this ruling, many asbestos producers filed for bankruptcy. This procedure permits a business, even though it is still operating, to reorganize itself in bankruptcy court and put money into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of many lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer and was able to win punitive damage verdicts against the company.
Since the time asbestos litigation has continued grow due to the growing number of people suffering from asbestos-related ailments. Asbestos litigation is often complex because the illnesses caused by asbestos can take years to manifest and are not always obvious to those who have been diagnosed.
Some victims have also been waiting for years to receive reimbursement from insurance companies, even after their employers were found responsible. The US Supreme Court has dealt with several cases involving class action settlements that asbestos companies offered as a way to limit their liability and has also looked into the issue of whether it is possible to hold individual defendants liable for injuries caused by asbestos.
The Fourth Case
Asbestos is a highly dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the years. It's also a product that was widely used by companies that knew it was deadly and they continued to make use of it in their manufacturing processes.
As the legal system deals with these asbestos lawsuits, new developments are taking place constantly. One of the most important legal developments is a case known as Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational companies in their home jurisdictions to recover compensation.
These cases typically involve secondary asbestos exposure. This occurs when employees who work with asbestos on the job pass it to their spouses or children living at home. The family members then suffer from mesothelioma, or other asbestos-related illnesses.
This type of situation is the basis for a variety of lawsuits brought by the families of victims today. Asbestos attorneys can help families bring a claim against companies responsible for the asbestos-related injuries suffered by their loved family members.
The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer who is experienced in the complicated legal issues that these cases raise.
Some asbestos attorneys are opposed to this type of litigation. There have been several attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.
The most recent significant development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos removal and disposal. The lawsuit claimed that the firms did not follow state laws by not properly disposing of asbestos and exposing residents to toxic dust.
Asbestos litigation has been going on for a long time and it's likely that it will continue to be for a long time to come. The asbestos industry has attempted to avoid responsibility by bringing up technical legal arguments and attempting to get legislative remedies passed that would block victims from seeking justice. However, it seems that a lot of victims and their lawyers are determined to get justice.