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 asbestos, made or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She worked at a factory that made asbestos fibers in England and was diagnosed with health issues. She passed away at 33 due to fibrosis in her lungs, which was caused by asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has ill-treated or killed thousands of people over the course of time. Asbestos claims are filed for a variety of reasons, but they usually involve people who have been exposed to asbestos in their work. This includes employees who worked in factories that produced asbestos-related products or at the construction sites of buildings containing asbestos. It can also include people who were exposed asbestos through household products like talcum powder.
Exposure to asbestos can lead to various illnesses, including lung cancer, mesothelioma and other respiratory ailments. Many have been compensated for their injuries, even though some of these diseases can be fatal. 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 was filed in 1929, and involved a woman named Anna Pirskowski. She suffered from breath shortness and thickening of the tissue around the fingertip (known as clubbing). She received a settlement worth $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
In the years following, more and more asbestos lawsuits were filed. Some of the cases grew quite large, and a lot of attorneys began to specialise in asbestos litigation. They only would take on cases that were very important. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to concentrate on taking on cases for people with mesothelioma.
Other lawsuits were won by people who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma, making it easier for lawyers to prove. These allegations led to the public disclosure of secret documents that revealed how asbestos manufacturers tried to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.
The Second Cases
As the number of people diagnosed with asbestos-related illnesses grew the number of victims and their families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. Mesothelioma victims also filed claims against companies that designed and constructed the structures that they worked in such as shipyards, power plants and refineries. The connection between asbestos exposure and the development of mesothelioma is strong.
In the early 1980s the legal fights over asbestos lawsuits got more ferocious, and courts began to rule on various aspects of the litigation process. For example, a federal court ruled that only individuals suffering from a malignant asbestos-caused illness such as mesothelioma, or lung cancer are eligible to file lawsuits against the producers of the asbestos products they employed. This ruling, known as Borel v. Fibreboard Paper Products Corp., was an important setback for asbestos plaintiffs.
At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with raw asbestos fibers, tried to convince the company she worked for to pay for her treatments. But, the company was unable to agree. Kershaw passed away at the age of 33 from lung 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 brought successful cases against companies that manufactured equipment that used asbestos-containing materials, such as pumps and boilers.
During this time, many documents incriminating asbestos companies were uncovered. These documents revealed their involvement in conspiracies and fraud. These included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to conceal the fact that asbestos was hazardous and to thwart efforts to inform the public of these dangers.
In the mid-1980s to early-1990s When these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlement was initiated, as well as other efforts were made to reduce asbestos liability by asbestos companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as as the public in general.
The Third Cases
By the 1970s asbestos companies were no longer able to hide the deadly effects of asbestos-related diseases such as mesothelioma from people. This was due to the fact that the connection between asbestos and diseases such as mesothelioma, asbestosis and other respiratory ailments began getting attention from major national publications instead of small medical journals or industry newsletters. When asbestos-related serious illness were well established and the victims began filing lawsuits against asbestos-related companies.
In the 1970s, a court ruling that allowed plaintiffs to recourse to strict liability as a legal principle was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases used to have to prove that asbestos manufacturers were negligent in exposing them to. However, in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries their products caused if the company knew that their product was dangerous and did not warn its employees or the public about the dangers.
Following this ruling, many asbestos manufacturers filed for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, set funds aside in trusts to pay asbestos claims and still operate. Johns-Manville was a particularly noteworthy case because it was hit with numerous lawsuits filed by former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to win punitive damages verdicts against it.
Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related diseases. Asbestos cases are often complex due to the ailments they cause can take decades to manifest themselves and are not always immediately obvious to those 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 liable. The US Supreme Court has dealt with a variety of cases involving class action settlements that asbestos companies offered as a way to limit their liability and it has also considered the question of whether or not it is possible to hold individuals responsible for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral which is extremely harmful has killed and sickened asbestos lawsuit after death hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who were aware of its dangers yet continued to use it.
The legal system is able to handle these asbestos lawsuits, there are always new developments. One of the most significant legal developments is the decision Lubbe v Cape Plc. This set the precedent for victims to sue multi-national companies in their home countries to recover compensation.
Most of the time, these cases involve exposure to asbestos in the second degree. This occurs when employees who work with asbestos on the job transfer it to their spouses or children living at home. The family members then suffer from mesothelioma, or other asbestos-related diseases.
This type of case is the basis of many lawsuits brought by the families of victims today. Asbestos lawyers can help families bring a case against the companies that caused the asbestos-related injuries suffered by their loved family members.
Another major advancement in asbestos litigation has been the rise of class action lawsuits. These asbestos lawsuits permit victims to seek justice with the help of a lawyer experienced in the complicated legal issues these cases present.
Certain asbestos lawyers are opposed to this type of litigation. In actual fact there have been a number of attempts to pass legislation to limit the use of class actions in asbestos cases.
The latest major development in asbestos litigation is the filing a lawsuit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated state laws by not properly disposing of asbestos and failing to protect residents from the harmful 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 tried to avoid responsibility through technical legal arguments and also by attempting to pass legislative solutions which would hinder victims from seeking justice. But, it appears that many victims and their lawyers are determined to get justice.