Asbestos Lawsuit History
Many asbestos victims have received help from lawyers like Stanley Levy. People suffering from asbestos-related illnesses, such as mesothelioma, are able to sue companies that mined asbestos, made or used asbestos.
Nellie Kershaw filed the first asbestos lawsuit. She suffered health issues while working in an asbestos fiber plant in England. She died at the age of 33 due to fibrosis in her lungs. It was caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims are filed for a variety of reasons, but the majority involve people who have been exposed to asbestos in their work. This can include workers at factories that made asbestos-related items, people who worked in the construction of buildings that contain
asbestos lawyer, and even those who were exposed to asbestos from household products contaminated with asbestos such as talcum powder.
Those who were exposed to asbestos can develop a number of different illnesses like mesothelioma, lung cancer, and other respiratory conditions. While some of these illnesses are extremely serious and could be fatal, a lot of people have been able to receive compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances inform anyone who might be injured.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She suffered from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.
In the years following, more and more asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many lawyers started 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 concentrate on bringing cases on behalf of people who had mesothelioma.
Other lawsuits have been won by people who suffered from asbestos-related diseases, such as asbestosis and pleural plaques. The condition that caused them was very similar to mesothelioma which makes it simpler to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how manufacturers of asbestos products attempted to conceal the dangers. This led to the
asbestos lawyer Ban and Phase Out Rule being issued in 1989.
The Second Case
As the number diagnosed with asbestos-related diseases grew the number of victims and their families began filing lawsuits. These lawsuits were filed against businesses who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against the 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 battle over asbestos lawsuits began to get more intense and the courts made decisions on various aspects of the case process. For instance a federal court ruled that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to bring lawsuits against the producers of the asbestos products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was an important setback in asbestos litigation.
At the same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit filed against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England, was diagnosed with lung problems caused by her close exposure to asbestos fibers. She attempted to convince her employer to pay for the treatment. However, the company refused. Kershaw passed away in her 30s of fibrosis.
The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed to various kinds of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also filed successful cases against companies who produced equipment that contained asbestos-containing materials, like boilers and pumps.
During this time, many documents pertaining to asbestos companies were uncovered. These documents proved their involvement in conspiracy and fraud. 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 the scheme of these companies to hide knowledge that asbestos was dangerous and to suppress efforts to inform the public of asbestos' dangers.
In the early and mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were exposed In the early to mid-1980s, a wave of class actions settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with strong opposition from plaintiffs' attorneys as well as their clients and the general public.
The Third Case
In the 1970s,
asbestos lawyer-related companies were no longer able to cover up the dangers of asbestos-related diseases such as mesothelioma from people. This was due in large part to the fact that major national publications began paying attention to the link between asbestos, mesothelioma and other respiratory diseases, rather than small industry medical journals and newsletters. When the link between asbestos and serious illnesses was established, patients started filing lawsuits against asbestos manufacturers.
One of the major push factors that led to more
Asbestos Attorney lawsuits in 1970s was a ruling by the courts that allowed plaintiffs to utilize the legal concept of strict liability. Plaintiffs in asbestos cases would need to prove that asbestos producers were negligent in exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos producers liable for any injuries that resulted from their products if they knew their product was unsafe but did not warn their employees or the general public about the dangers.
After the ruling, a number of asbestos producers have filed for bankruptcy. This allows a company, even if still in operation, to reorganize itself in bankruptcy court and put money in trusts to pay asbestos claimants. Johns-Manville is a notable case, since 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 to obtain punitive damages verdicts against the company.
Asbestos lawsuits have increased in the past few years due to the growing number of asbestos-related diseases. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take a long time to manifest and aren't always obvious to those who have been diagnosed.
Some victims have been forced to wait for years for compensation from insurance companies, even after their employers were found liable. The US Supreme Court has dealt with several cases involving settlements for class actions that asbestos companies offered as a way to limit their liability and it has also pondered the issue of whether it is possible to hold defendants accountable for asbestos-related injuries.
The Fourth Cases
Asbestos is a very dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. It's also a product that was used extensively by companies who knew it was deadly and they continued to make use of it in their manufacturing processes.
As the legal system deals these asbestos lawsuits with a constant stream of new developments. One of the most important 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.
These cases often result in secondary exposure to asbestos. This occurs when employees who work with asbestos while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma or other asbestos-related illnesses.
This type of case is the basis of many lawsuits brought by the families of victims of asbestos today. Asbestos lawyers can help families file a claim against the company responsible for their loved ones' asbestos-related injuries.
Another major change in asbestos litigation has been the increase in class action lawsuits. These asbestos lawsuits offer victims the chance to seek justice with the help of an attorney well-versed in the complicated legal issues these cases present.
While many asbestos attorneys have pushed for this type of litigation, there are some who oppose it. There have been several initiatives to pass legislation that restrict the use of class actions in asbestos lawsuits.
The most recent significant development 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 disposing asbestos properly and exposing residents to the harmful dust.
Asbestos litigation has been a long-running issue that will likely continue for a long time. The asbestos industry has tried to avoid liability through legal arguments based on technicalities and also by attempting to pass legislative solutions which would hinder victims from seeking justice. However, it seems that a lot of victims and their attorneys are determined to get justice.