15 Reasons To Not Ignore Asbestos Lawsuit History
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Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. People with asbestos-related diseases like mesothelioma are able to sue companies that mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She suffered health issues while working in an asbestos fiber plant in England. She died at the age of 33 due to fibrosis that had developed in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands of people over the years. Asbestos claims are filed for many reasons, but most often involve people who have been exposed to asbestos while at work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction sites of buildings containing asbestos. It can also be people who were exposed asbestos through household products such as talcum powder.
Anyone who was exposed to asbestos may develop a number of different illnesses like mesothelioma, lung cancer and other respiratory ailments. Many have been awarded compensation for their injuries even though some these diseases are fatal. The majority of countries have laws that require companies that produce dangerous substances to warn anyone who may 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 shortness of breath and thickening of the fingertip tissue (known as clubbing). She was awarded a settlement of $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 following. Some of these cases were quite large, and a lot of attorneys started to specialize in asbestos litigation. They only took on cases that were serious. 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 who had mesothelioma.
Other lawsuits were won by individuals who had suffered from other asbestos-related illnesses such as asbestosis or pleural plaques. The condition that caused them was like mesothelioma which makes it simpler to prove for lawyers. These claims led to the disclosure of secret documents that showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Cases
As the number diagnosed with asbestos-related disease increased, victims and families began to file lawsuits. These lawsuits were brought against companies that mined asbestos, produced asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers filed lawsuits against the companies that designed and built the structures where they worked, such as shipyards, power plants refineries and factories. The link between mesothelioma and asbestos exposure is very strong.
In the early 1980s the legal fights over asbestos lawsuits got more ferocious and courts began to rule on many aspects of the case process. A federal court, for example determined that only people suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to bring a lawsuit against the makers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp. is an important setback for asbestos plaintiffs.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos-related companies. Kershaw was a factory worker from Rochdale, England, was diagnosed with lung problems caused by her close exposure to asbestos fibers in raw form. She attempted to convince her employer to cover the cost of treatment. However, the company refused. Kershaw died at 33 years old from lung fibrosis.
The second phase 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, like boilers and pumps.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents revealed their involvement in fraud and conspiracies. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to hide the fact that asbestos was hazardous and to suppress efforts to inform the public about the dangers.
In the early to mid-1980s, when these and other forms corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other efforts were made to limit asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys as well as their clients and the general public.
The Third Case
By the 1970s asbestos companies were no longer able conceal the devastating effects of asbestos-related diseases like mesothelioma from the general public. This was due in large part to the fact that major national publications began to pay attention to the link between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. When the links between asbestos and serious illness were well established, victims began making lawsuits against asbestos producers.
In the 1970s, a decision by the courts which allowed plaintiffs to make recourse to strict liability as a legal principle was among the major factors that led to an increase in asbestos lawsuits. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in causing their exposure to asbestos. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries their products caused if the company knew that their product was unsafe and failed to warn its employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos producers were forced to file for bankruptcy, a process that allows a business to reorganize in bankruptcy court, set money aside in trusts to pay for asbestos claims and still operate. Johns-Manville was an especially noteworthy case because it was hit with numerous lawsuits brought by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to get punitive damage verdicts against the company.
Asbestos lawsuits have increased since then because of the increasing number of asbestos-related diseases. Asbestos cases are often complex because the diseases that they cause can take a long time to manifest themselves and are not always immediately apparent to those who are diagnosed.
Additionally 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 various cases where asbestos companies sought to limit their liability by offering class action settlements. It has also discussed whether individual defendants can be held accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos is an incredibly dangerous mineral, which has killed or sickened hundreds of thousands of people over the years. Asbestos was also used extensively by companies who were aware of its dangers, but continued to employ it.
The legal system is able to handle asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries to recover compensation.
Often, these cases are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work may pass it on to their families or spouses. The family members suffer from mesothelioma and other asbestos-related illnesses.
There are many lawsuits filed today by the families of victims based on this type of situation. Asbestos attorneys can help families bring a case against the companies that caused the asbestos injuries of their loved ones.
Another major change in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the assistance of a lawyer familiar with the complex legal issues these cases raise.
While many asbestos attorneys have pushed for this type of litigation, there are certain people who do not support it. In fact, there have been several attempts to pass legislation that would limit the use of asbestos-related class actions.
The most recent major advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies over the way they dealt with asbestos lawyer abatement and disposal. The lawsuit claimed that the companies did not follow state laws in not properly disposing asbestos and failing residents from toxic dust.
Asbestos litigation has been going on for decades and it's likely that it will continue to do so well into the future. The asbestos industry has attempted to avoid accountability by bringing up technical legal arguments and by attempting to pass legislative remedies that would prevent the victims from seeking justice. However, it appears that a lot of victims and their attorneys are determined to see justice served.
