Five Things Everybody Does Wrong About Asbestos Lawsuit History
Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers like Stanley Levy. People suffering from asbestos-related illnesses such as mesothelioma are able to sue companies that mined or manufactured asbestos.
Nellie Kershaw was the first to file an asbestos lawsuit. She developed health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 due to fibrosis of her lungs, caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over time. Asbestos claims are filed for many reasons, but most often involve those who have been exposed to asbestos while at work. This includes those who worked in factories that made asbestos lawyer-related products or at the construction site of buildings with asbestos. It can also include those who were exposed to asbestos through household products like talcum powder.
Exposure to asbestos can trigger various diseases which include mesothelioma, lung cancer, and other respiratory problems. While some of these ailments are serious and may be fatal, a lot of people have been able receive compensation for their injuries. This is due to the fact that most countries have laws that require companies who create dangerous substances to warn those who may be hurt by them.
The first asbestos lawsuit was filed in 1929, and involved a woman named Anna Pirskowski. She was suffering from a number of ailments, including breathlessness and thickening of the fingertip tissue called clubbing. She was awarded a settlement of $75,000 that is believed to be the first class action lawsuit filed in connection with asbestos.
In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a broad area of law and many lawyers began to specialize in asbestos litigation. This meant that they only took on the most serious cases. One company that took on 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 have been won by people who suffered from asbestos-related illnesses, such as asbestosis and plaques in the pleural region. The disease that caused them was similar to mesothelioma which makes it easier to prove for lawyers. These claims also led to the disclosure of secret documents that demonstrated the way asbestos producers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma victims also filed claims against the companies that designed and constructed the buildings that they worked in including shipyards, power plants and refineries. The correlation between asbestos exposure and the development of mesothelioma 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 process. For instance a federal court decided that only those suffering from a malignant asbestos-caused disease like mesothelioma or lung cancer are eligible to file lawsuits against the producers of the asbestos products they used. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos lawsuit defendants.
The same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit against asbestos-related companies. Kershaw was a factory worker from Rochdale in England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. Kershaw tried to convince her employer to pay for the treatment. The company, however, refused. Kershaw passed away in her 30s from fibrosis.
The second wave of asbestos lawsuits focused on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos lawyers also prevailed in cases against companies that manufactured the equipment that made use of asbestos-containing products, such as boilers and pumps.
During this time, many documents that implicated asbestos companies were discovered. These documents showed their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to conceal the fact that asbestos was dangerous and to deflect efforts to inform the public of the 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 as well as other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with fierce resistance from plaintiffs’ attorneys, their clients and the general public.
The Third Case
In the 1970s, asbestos firms had lost the ability to keep information on the fatal effects of mesothelioma as well as other asbestos-related diseases from the general public. This was due in large part to the fact that major national journals began paying attention to the connection between mesothelioma, asbestos, and other respiratory illnesses, as opposed to small industry newsletters and medical journals. As soon as the link between asbestos and serious illnesses was well-established, victims began filing lawsuits against asbestos producers.
One of the primary driving factors that led to increased 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 required proof that asbestos manufacturers were negligent in the way they caused their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries caused by their products if they knew that their product was dangerous but did not inform their employees or the general public about its dangers.
Following this ruling, many asbestos producers filed for bankruptcy, a procedure which allows a company to be reorganized in bankruptcy court, put money in trusts to cover asbestos claims and still continue to operate. Johns-Manville is one of the most notable examples. It was the victim of numerous lawsuits filed by former employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able get the company punitive damages in a number of cases.
Since then asbestos litigation has continued increase due to the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases that they cause can take a long time to manifest and aren't always obvious to those diagnosed.
Some victims have also been waiting for years to receive compensation from insurance companies even after their employers were found responsible. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering settlements in class action. It also has considered whether individuals can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos is an incredibly hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also widely used by companies who were aware of its dangers yet continued to make use of it.
As the legal system handles asbestos lawsuits and asbestos lawsuits, new developments take place constantly. 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.
Often, these cases involve secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their families or spouses. The family members suffer from mesothelioma, or other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this type of case. Asbestos lawyers can assist families file a claim against the company responsible for their loved ones' asbestos injuries.
Another big change in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits allow victims to pursue justice with the help of a lawyer who is well-versed in the legal issues that these cases raise.
Certain asbestos attorneys are against this type of litigation. There have been numerous initiatives to pass legislation that limit the use of class actions in asbestos attorney lawsuits.
The most recent significant development in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation has been ongoing 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 shield itself from responsibility using legal arguments based on technicalities and also by attempting to pass legislative solutions that would stop victims from seeking justice. But, it appears that many victims and their lawyers are determined to get justice.