7 Things About Asbestos Lawsuit History You'll Kick Yourself For Not Knowing
Asbestos Lawsuit History
Many asbestos victims have been helped by lawyers such as Stanley Levy. Patients suffering from mesothelioma or other asbestos-related illnesses can sue companies that produced, mined or used asbestos or asbestos-containing products.
Nellie Kershaw was the first to file an asbestos lawsuit. She suffered health issues while working in an asbestos fiber factory in England. She died at the age of 33 due to fibrosis that had developed in her lungs, which was caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands throughout the years. Asbestos claims can be filed for a variety of reasons, but they typically involve people who were exposed to the substance at work. This includes workers who worked in factories that made asbestos-related products or at the construction sites of buildings that contain asbestos. It can also be people who were exposed asbestos through household products such as talcum powder.
Exposure to asbestos can lead to a variety of diseases which include lung cancer, mesothelioma and other respiratory issues. While some of these ailments are extremely serious and could be fatal, many people have been able receive compensation for their injuries. Many countries have laws that require companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit that was filed in 1929 involved a woman by the name of Anna Pirskowski. She suffered from shortness of breathe and a thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement, which is believed to be the first class action lawsuit in connection with asbestos.
Asbest lawsuits continued to be filed throughout the years that followed. Some of the cases became quite large, and a lot of attorneys began to specialise in asbestos litigation. They only accepted cases that were serious. One firm that was involved in this was Kazan Law, which in the late 1980s began to concentrate on taking on cases for people with mesothelioma.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases like asbestosis and pleural plaques. This is because the condition that caused these was very similar to mesothelioma and therefore simpler for lawyers to prove. These claims led to the release of secret documents which showed the ways asbestos product manufacturers attempted to hide the risks they carry. In 1989, the Asbestos Ban & Phase Out Rule was issued.
The Second Cases
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, manufactured or sold asbestos-containing products. In addition, mesothelioma sufferers filed claims against the companies who designed and constructed the buildings where they worked, such as shipyards, power plants refineries and factories. The correlation between asbestos exposure and mesothelioma development is strong.
By the early 1980s, the legal litigation over asbestos lawsuits started to escalate and the courts made decisions on various aspects of the process. A federal court, for instance, ruled that only those suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were able to take on asbestos manufacturers. products. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos-related 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. The company, however, refused. Kershaw died in her 30s from fibrosis.
The second round of asbestos lawsuits centered on those who were exposed to various types of asbestos-containing building products like fireproofing sprays and drywall products. Asbestos attorneys also brought successful cases against companies that made equipment that utilized asbestos-containing materials, such as pumps and boilers.
During this time, a number of incriminating documents were uncovered that revealed asbestos companies have been involved in conspiracy and fraud. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and to thwart efforts to warn the public.
The discovery of these and other forms of corporate fraud and collusion in the mid- to late 1980s led to a flurry of class action settlements and other attempts at limiting asbestos liability for asbestos-related companies. These efforts were met with a fierce resistance from plaintiffs' attorneys and their clients, as as the public in general.
The Third Cases
In the 1970s, asbestos companies were no longer able to conceal the devastating effects of asbestos-related illnesses like mesothelioma from people. Sioux City asbestos lawsuits was due in large part to the fact that major national publications began paying attention to the link between mesothelioma, asbestos and other respiratory illnesses, as opposed to small industry newsletters and medical journals. After asbestos-related serious illnesses were well-established and patients began making lawsuits against asbestos producers.
In the 1970s, a decision by the courts that allowed plaintiffs the use of strict liability as a legal concept was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos producers were negligent for exposing them. 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 warn their employees or the general public about its dangers.
After the ruling, a number of asbestos producers have filed for bankruptcy. This procedure allows a business, while still in operation, to organize its affairs in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is one of the most notable examples. It was a victim of numerous lawsuits filed by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages verdicts against it.
Asbestos litigation has grown since then because of the increasing number of asbestos-related diseases. Asbestos litigation is often complicated because the illnesses caused by asbestos can take a long time to manifest and aren't always apparent to those diagnosed.
Some victims have also had to wait years for settlements from insurance companies even after their employers were found to be responsible. The US Supreme Court has addressed various cases where asbestos companies sought to limit their liability by offering class action settlements. It has also considered whether individual defendants can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands over the many years. Asbestos was also used extensively by companies who knew it was dangerous however they continued to make use of it.
As the legal system deals with 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 a precedent allowing victims to sue multinational companies in their home countries for compensation.
In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their families or spouses. The family members then suffer from mesothelioma, or other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this type of situation. 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 significant 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 that these cases raise.
Some asbestos attorneys are against this type of litigation. There have been numerous attempts to pass legislation to restrict the use of class actions in asbestos lawsuits.
The most recent major advancement in asbestos litigation is the filing of a lawsuit by Massachusetts residents against four companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law in not properly disposing asbestos and exposing residents to the harmful dust.
Asbestos litigation is a long-running issue that will likely continue for a number of decades to come. The asbestos industry has tried to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative remedies which would hinder victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice done.