Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers like Stanley Levy. People suffering from asbestos-related illnesses like mesothelioma are able to sue companies that mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber plant in England. She passed away at the age of 33 due to fibrosis in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands over the years. Asbestos claims can be filed for a variety of reasons, but they usually involve those who were exposed to the substance at work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction sites of buildings with asbestos. It can also be those who were exposed to asbestos through household products like talcum powder.
People who were exposed to asbestos could develop a variety of diseases including mesothelioma, lung cancer and other respiratory conditions. While some of these illnesses are very serious and can be fatal, many people have been able to obtain compensation for their injuries. The majority of countries have laws that require manufacturers of dangerous substances to warn anyone who could be injured.
The first asbestos lawsuit that was filed in 1929 included a woman by the name of Anna Pirskowski. She was suffering from a number of ailments, including shortness of breath and thickening of the fingertip tissue which is known as clubbing. She received a settlement worth $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation became a very vast area of law and many lawyers began to specialize in asbestos litigation. They only took on cases that were very serious. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for mesothelioma patients.
Other lawsuits were won by those who suffered from other asbestos-related illnesses like asbestosis or pleural plaques. The condition that caused them was very like mesothelioma making it more straightforward to prove for lawyers. These claims also led to the disclosure of secret documents that showed how manufacturers of asbestos products 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 grew, patients and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. In St. George asbestos lawsuits , mesothelioma sufferers filed lawsuits against the companies that designed and constructed the buildings they worked in like shipyards, power plants refineries and factories. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s the legal battles over asbestos lawsuits became more intense and the courts began to rule on many aspects of the case process. A federal court, for instance, ruled that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer were able to sue the manufacturers of asbestos products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos companies. Kershaw, 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. But, the company was unable to agree. Kershaw died at the age of 33 from lung fibrosis.
The second wave of asbestos lawsuits centered on people who had been exposed to different types asbestos-containing building products, like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies who produced equipment that contained asbestos-containing materials, such as pumps and boilers.
During this time, a number of incriminating documents were discovered that proved asbestos companies were involved in fraud and conspiracy. The documents included personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to hide the fact that asbestos was dangerous and to thwart efforts to inform the public about the dangers.
In the mid-1980s to early-1990s in the 1980s, when these and other forms corporate fraud and conspiracy were uncovered In the early to mid-1980s, a wave of class actions settlements was launched and other efforts were made to reduce asbestos liability by asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys and their clients as well as the public.
The Third Case
By the 1970s, asbestos firms had lost the ability to keep information about the devastating effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due in large part to the fact major national journals began paying attention to the connection between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry medical journals and newsletters. When the link between asbestos and serious illnesses was established, patients began filing lawsuits against asbestos producers.
One of the primary push factors that led to an increase in asbestos lawsuits in the 1970s was a ruling by the courts that allowed plaintiffs to use the legal concept of strict liability. Plaintiffs in asbestos cases would be required to prove that asbestos manufacturers were negligent in exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries their products caused in the event that the company knew their product was dangerous and did not warn its employees or the public about its dangers.
Following this ruling, many asbestos manufacturers have filed for bankruptcy, a procedure that allows a business to reorganize in bankruptcy court, and put money in trusts to pay for asbestos claims, and continue to be in operation. 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 and lung cancer. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.
Asbestos lawsuits have increased in the past few years because of the increasing number of asbestos-related diseases. Asbestos cases are often complex, as the illnesses they cause can take years to manifest themselves and are not always immediately evident to those who have been diagnosed.
A few victims have had to wait years for reimbursement from insurance companies, even after their employers were found to be responsible. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering settlements for class actions. It also has considered whether individual defendants can be held accountable for injuries resulting from asbestos.
The Fourth Cases
Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the years. Asbestos was also used extensively by companies who knew it was dangerous however they continued to use it.
As the legal system handles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational companies in their home countries for compensation.
Often, these cases involve exposure to asbestos in the second degree. Workers who work with asbestos work may transfer it to their family members or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.
This kind of case is the basis of many lawsuits filed by relatives of victims in the present. Asbestos attorneys can help families file a claim against the responsible parties for the asbestos injuries of their loved family members.
The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits allow victims to pursue justice with the assistance of a lawyer who is experienced in the complicated legal issues these cases bring.
Certain asbestos attorneys are opposed to this type of litigation. There have been several attempts at passing legislation to limit the use class actions in asbestos lawsuits.
The latest major change in asbestos litigation is the filing a suit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit alleged that the companies had violated the law of the state by not properly disposing of asbestos and failing to safeguard residents from harmful dust.
Asbestos litigation has been going on for decades and it will continue to do so well into the future. The asbestos industry has attempted to avoid accountability by making legal arguments that are technical and attempting to pass legislative solutions that would prevent the victims from seeking justice. It seems that many victims, as well as their lawyers, are determined to see justice acted upon.