Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.
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 that had developed in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos is a dangerous mineral that has afflicted or killed thousands of people over the years. Asbestos claims can be filed for a variety of reasons, but they typically involve people who were exposed to asbestos at work. This includes workers who worked in factories that made asbestos-related products or at the construction sites of buildings with asbestos. It could also include those who were exposed to asbestos through household products such as talcum powder.
People who were exposed to asbestos could be afflicted with a variety of illnesses like mesothelioma, lung cancer, and other respiratory diseases. Many people have been awarded compensation for their injuries even though some of these diseases are fatal. This is largely because most countries have laws that require companies who produce dangerous substances to warn those who may be hurt by them.
The first
asbestos lawsuit was filed in 1929, and was filed by a woman whose name was Anna Pirskowski. She was suffering from shortness of breath and a thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 as a settlement, which is believed to be the first class action lawsuit in the field of asbestos.
In the years following in the years that followed, more and more
asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many attorneys began to specialize in asbestos litigation. This meant that they were able to handle the most serious cases. One company that took on this was Kazan Law, which in the latter half of the 1980s began to focus on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits were won by individuals who had suffered from other asbestos-related diseases like asbestosis or plaques in the pleural cavity. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore simpler for lawyers to prove. These claims led to the disclosure of secret documents that showed the ways asbestos product manufacturers attempted to conceal their risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people diagnosed with asbestos-related diseases grew the families and victims began bringing lawsuits. These lawsuits were brought against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies that designed and constructed the buildings that they worked in, including shipyards, power plants, and refineries. The link between asbestos exposure and mesothelioma development is solid.
In the early 1980s the legal fights over asbestos lawsuits got more intense and the courts began to rule on various aspects of case processes. A federal court, for example determined that only people suffering from asbestos-related malignancies like mesothelioma or lung cancer were able to take on asbestos manufacturers. products. The ruling, dubbed Borel v. Fibreboard Paper Products Corp., was an important setback for
asbestos attorneys plaintiffs.
The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. However, the company refused. Kershaw passed away in her 30s of fibrosis.
The second phase of asbestos lawsuits focused on people who had been exposed to different types of asbestos-containing building products such as fireproofing sprays and drywall products.
Asbestos lawyers also filed successful cases against companies that made equipment that utilized asbestos-containing materials, such as pumps and boilers.
During this period, numerous documents incriminating asbestos companies were discovered. These documents proved their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos producer, Raybestos Manhattan. These documents revealed a plot between these two companies to hide asbestos' dangers and suppress efforts to warn the public.
The discovery of these and other types of corporate fraud and conspiracy in the mid- to late 1980s led to a flurry of class action settlements and other efforts to limit asbestos liability for asbestos companies. These attempts were met with a fierce opposition from plaintiffs' lawyers and their clients, as as the general public at large.
The Third Cases
In the 1970s, asbestos firms had lost the ability to hide information about the deadly effects of mesothelioma and the other asbestos-related illnesses from the public. This was largely due to the fact that the link between asbestos and diseases such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. After asbestos-related serious illnesses were well-established and patients began filing lawsuits against asbestos manufacturers.
One of the main factors that pushed an increase in asbestos lawsuits in the 1970s was a court decision that allowed plaintiffs to utilize the legal concept of strict liability. In the past, plaintiffs in asbestos cases required proof that asbestos manufacturers were negligent in creating their asbestos exposures. However in the 1973 case of Borel v. Fibreboard, a judge declared that asbestos producers were accountable for any injuries they caused if the company knew that their product was unsafe and did not inform its employees or the public about its dangers.
Following this ruling, many asbestos-related companies filed for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, put money in trusts to pay for asbestos claims, and then continue to continue to operate. Johns-Manville is one of the most notable examples. It was the 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 to get punitive damage verdicts against the company.
Asbestos litigation has increased since then due to the rising number of asbestos-related illnesses. Asbestos cases are often complex, as the illnesses they cause can take years to manifest and are not always immediately obvious to those diagnosed.
In addition there have been cases where victims were forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has addressed various cases where asbestos companies attempted to limit their liability by offering settlements for class actions. It has also addressed the question of whether individual defendants can be held liable for injuries resulting from asbestos.
The Fourth Case
Asbestos is a highly dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also used extensively by companies who knew it was dangerous, but continued to use it.
As the legal system tackles asbestos lawsuits and asbestos lawsuits, new developments take place constantly. One of the most important 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.
These cases often involve secondary exposure to asbestos. This happens when workers who work with asbestos while on the job transfer it to their spouses or children at home. The family members suffer from mesothelioma, or other asbestos-related diseases.
This kind of case is the basis of many lawsuits filed by relatives of victims of asbestos today. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos injuries.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer who is well-versed in the legal issues that these cases present.
While many
asbestos attorneys have pushed for this type of lawsuit, there are some who oppose it. There have been several attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The most recent major development in asbestos litigation is the filing of a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies violated state law by not properly disposing of asbestos and failing to protect residents from harmful dust.
Asbestos litigation is a long-running issue that is likely to continue for a long time. The asbestos industry has tried to avoid liability through legal arguments based on technicalities, and by trying to pass legislative remedies which would hinder victims from seeking justice. But, it appears that a lot of victims and their lawyers are determined to get justice.