Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies who produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She worked at a factory that made asbestos fibers in England and developed health problems. She passed away at the age of 33 due to fibrosis of her lungs, caused by exposure to asbestos.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the course of time. Asbestos claims are filed for many reasons, but the majority involve those who have been exposed to asbestos in their work. This can include workers at factories that produced asbestos-related products as well as those who worked on the construction of buildings containing asbestos and even those who were exposed to asbestos secondhand from household products contaminated with asbestos such as talcum powder.
People who were exposed to asbestos could develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory ailments. While some of these illnesses are extremely serious and could be fatal, many people have been able receive compensation for their injuries. This is largely because most countries have laws that require companies that create dangerous substances to warn people who might be hurt by them.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She was suffering from a variety of symptoms, including breathlessness and thickening of the fingertip tissue which is also 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, more and more asbestos lawsuits were filed. Some of these cases were very large, and many attorneys started to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits were won by those who had been diagnosed with other asbestos-related diseases like asbestosis or pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These claims also led to the revelation of secret documents that demonstrated how asbestos-related manufacturers tried to hide the dangers. This led to the Asbestos Ban and Phase Out Rule being enacted 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. In addition, mesothelioma sufferers filed claims against the companies that designed and built the structures where they worked like shipyards, power plants factories and refineries. The link between asbestos exposure and mesothelioma development is very strong.
In the early 1980s, legal fights over asbestos lawsuits got more ferocious and courts began to rule on a variety of 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 able to take on asbestos manufacturers. products. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos companies. Kershaw, a factory worker from Rochdale, 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. However, the company refused. Kershaw died in her 30s from fibrosis.
The second phase of asbestos lawsuits focused on those who were exposed to various kinds of asbestos-containing building materials, 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, numerous documents that were incriminating were found that demonstrated asbestos companies have been involved in fraud and conspiracy. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide the dangers of asbestos and deflect efforts to educate the public.
In the early to mid-1980s in the 1980s, when these and other forms of corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These attempts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the public in general.
The Third Case
In the 1970s, asbestos-related companies were no longer able to conceal the devastating effects of asbestos-related illnesses like mesothelioma from the public. This was due to the fact that the connection between asbestos and ailments like asbestosis, mesothelioma and other respiratory problems started receiving attention from major national publications instead of small medical journals or newsletters for industry. When the link between asbestos and serious illness was well established, victims asbestos lawsuit settlements started filing lawsuits against asbestos manufacturers.
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 utilize the legal concept of strict liability. Previously, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in creating their asbestos exposures. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers accountable 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.
Following this ruling, many asbestos manufacturers filed for bankruptcy, a process that allows a business to reorganize itself in bankruptcy court, set money in trusts to pay for asbestos claims and still continue to operate. Johns-Manville was a particularly notable example, as 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 win punitive damage verdicts against the company.
Since the time, asbestos litigation has continued to grow due to the rising number of victims suffering from asbestos-related ailments. Asbestos litigation can be complicated due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those diagnosed.
Some victims have also had to wait years for compensation from insurance companies even after their employers were found responsible. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered in an attempt to limit their liability and has also looked into the issue of whether it is possible to hold individuals responsible for asbestos-related injuries.
The Fourth Cases
Asbestos, a substance that is extremely hazardous has killed and sickened hundreds of thousands over the decades. It's also a product that was extensively used by companies that knew it was deadly and they continued to employ it in their manufacturing processes.
As the legal system tackles asbestos lawsuits, new developments are taking place constantly. One of the most significant legal developments is a decision called Lubbe v. Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions for compensation.
These situations usually involve secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their families or spouses. Family members are affected by mesothelioma as well as other asbestos-related diseases.
There are many lawsuits filed today by the families of victims of this type of case. Asbestos lawyers can help families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits offer victims the chance to seek justice through the assistance of an attorney well-versed in the complicated legal issues these cases bring up.
Some asbestos attorneys are opposed to this type of litigation. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The most recent significant change in asbestos litigation was the filing of a lawsuit by Massachusetts residents against four companies regarding how they dealt with asbestos abatement and disposal. The lawsuit alleged the companies violated state laws by not properly disposing of asbestos and exposing residents to the harmful dust.
Asbestos litigation is a long-standing issue that will likely continue for many decades 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 which would hinder victims from seeking justice. However, it appears that many victims and their attorneys are determined to get justice.