Why We Do We Love Asbestos Lawsuit History (And You Should, Too!)
Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, are able to sue companies that mined asbestos, made or used asbestos.
Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a plant that made asbestos fibers in England and developed health problems. She passed away at the age of 33 of fibrosis of the lung due to asbestos exposure.
The First Cases
Asbestos is a hazardous mineral that has afflicted or killed thousands of people over time. Asbestos claims can be filed for various reasons, but they usually involve those who were exposed to asbestos at work. This includes those who worked in factories that produced asbestos-related products or at the construction sites of buildings that contain asbestos. It could also include people who were exposed to asbestos through household products like talcum powder.
Anyone who was exposed to asbestos can develop a number of different illnesses like mesothelioma, lung cancer and other respiratory conditions. Many people have received compensation for their injuries even though some of these diseases are fatal. This is because many countries have laws that require companies who create dangerous substances to inform those who could be hurt by them.
The first asbestos lawsuit was filed in 1929. It included a woman named Anna Pirskowski. She was suffering from shortness of breathe and thickening in the tissue around the fingertip (known as clubbing). She received a settlement amounting to $75,000 in what is believed to be the first class action lawsuit that involved asbestos.
In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Some of the cases grew very large, and many attorneys started to specialize in asbestos litigation. They only accepted cases that were extremely serious. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits were won by people who had suffered from other asbestos-related diseases like asbestosis or pleural plaques. The disease that caused them was very similar to the mesothelioma, and therefore more straightforward to prove for lawyers. These claims led to the disclosure of secret documents which showed how asbestos manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
As the number diagnosed with asbestos-related diseases grew, victims and families began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products, or sold asbestos-containing goods. In addition, mesothelioma sufferers made claims against companies who designed and constructed the buildings they worked in including shipyards, power plants, factories and refineries. The connection between asbestos exposure and mesothelioma growth is strong.
In the early 1980s, the legal battles over asbestos lawsuits became more ferocious, and courts began to rule on various aspects of the case process. A federal court, for example decided that only those suffering from asbestos-related malignancies such as mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is now regarded as the first well-known lawsuit filed against asbestos companies. Kershaw, a factory worker from Rochdale, England was diagnosed with lung problems caused by her frequent exposure to asbestos fibers. She attempted to convince her employer to cover the cost of treatment. The company refused. Kershaw passed away in her 30s from fibrosis.
The second round of asbestos cases focused on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials such as fireproofing sprays, drywall products and textures. Asbestos lawyers also won cases against companies that manufactured the equipment that utilized asbestos-containing materials, like pumps and boilers.
During this time, many documents that implicated asbestos companies were uncovered. These documents showed 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 manufacturer, Raybestos Manhattan. These documents revealed a plot between these companies to conceal asbestos' dangers and suppress efforts to warn the public.
In the mid-1980s to early-1990s When these and other forms corporate fraud and conspiracy were uncovered In the early to mid-1980s, a wave of class actions settlements was launched and other efforts were made to limit asbestos liability by asbestos companies. These attempts were met with fierce resistance from plaintiffs' attorneys and their clients, as as the public at large.
The Third Case
In the 1970s, asbestos companies were no longer able cover up the dangers of asbestos-related diseases like mesothelioma from people. This was due to the fact that the link between asbestos and ailments like mesothelioma, asbestosis, and other respiratory problems started receiving attention from major national publications instead of just small medical journals or newsletters for industry. Once the connection between asbestos and serious illness was well-established, victims started making lawsuits against asbestos producers.
One of the main push factors that led to more asbestos lawsuits in 1970s was a ruling by the courts that allowed plaintiffs to use the legal theory of strict liability. In the past asbestos lawsuits, plaintiffs had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries that resulted from their products if they knew their product was dangerous but did not warn their employees or the general public about its dangers.
Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a process that allows businesses to reorganize itself in bankruptcy court, and put money in trusts to cover asbestos claims, and continue to operate. Johns-Manville was an especially noteworthy case because it was slammed with a variety of 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 increase due to the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated because the diseases they cause can take decades to manifest themselves and aren't always apparent to those who are diagnosed.
In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. Grand Prairie asbestos lawsuits has addressed several cases in which asbestos companies sought to limit their liability by offering class action settlements. It also has considered whether individuals can be held accountable for asbestos related injury.
The Fourth Cases
Asbestos is an incredibly dangerous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. It's also a material that was used extensively by companies that knew it was dangerous and they continued to use it in their manufacturing processes.
As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is a case known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions for compensation.
In most cases, these situations involve secondary exposure to asbestos. Workers who work with asbestos work may pass it on to their family members or spouses. Family members suffer from mesothelioma and other asbestos-related diseases.
Many lawsuits are filed today by the families of victims based on this type of case. Asbestos attorneys can help families bring a claim against the companies that caused the asbestos injuries of their loved ones.
Another big advancement in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits permit victims to seek justice with the assistance of a lawyer who is experienced in the complicated legal issues these cases raise.
Certain asbestos lawyers are against this type of litigation. There have been several attempts at passing legislation to limit the use of class actions in asbestos lawsuits.
The most recent major change in asbestos litigation is the filing a suit by Massachusetts residents against four companies over their handling of asbestos removal and disposal. The lawsuit alleged that the companies had violated state law by not disposing of asbestos properly and failing to protect residents from the harmful dust.
Asbestos litigation is a long-running issue that is likely to continue for many decades to come. The asbestos industry has tried to avoid liability through legal arguments that are technical, 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.