10 Reasons Why People Hate Asbestos Lawsuit History
Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma or other asbestos-related diseases can sue companies that produced, mined, or used asbestos lawyer and asbestos-containing products.
The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at 33 due to fibrosis in her lungs, which was caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has infected and killed thousands throughout the years. Asbestos claims are filed for many reasons, but they usually involve those who were exposed to asbestos in their work. This can include workers at factories that made asbestos-related items, people who worked on the construction of structures with asbestos, or who were exposed to secondhand asbestos from contaminated household products like talcum powder.
Anyone who was exposed to asbestos could develop a variety of diseases including mesothelioma, lung cancer and other respiratory diseases. Although some of these diseases are extremely serious and could be fatal, many have been able receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to inform people who might be hurt by them.
The first asbestos lawsuit that was filed in 1929 was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breath and a thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit in connection with asbestos attorney.
Asbest lawsuits continued to be filed in the years following. Some of the cases grew extremely large, and a number of attorneys began to specialize in asbestos litigation. This meant that they only dealt with the most serious cases. Kazan Law was one firm that specialized in this area in the late 80s.
Other lawsuits have been won by individuals who suffered from asbestos-related ailments such as asbestosis or pleural plaques. This is because the condition that caused these was like mesothelioma making it easier for lawyers to prove. These claims led to the release of secret documents which showed how asbestos product manufacturers tried to hide the risks they carry. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number diagnosed with asbestos-related illnesses grew, victims and families began bringing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma sufferers also filed claims against companies who created and built the buildings in which they worked such as shipyards, power plants, and refineries. 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 rulings on a variety of aspects of the litigation procedure. For example a federal court ruled that only those suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are eligible to bring an action against the makers of the asbestos products they used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.
At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is considered the first well-known legal claim against asbestos-related companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung problems due to her exposure to asbestos fibers in raw form. Kershaw tried to convince her employer to cover the cost of treatment. The company was unable to pay. Kershaw died at the age of 33 from fibrosis of her lungs.
The second round of asbestos lawsuits centered on those who were exposed to various types asbestos-containing building products, such as fireproofing sprays and drywall products. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that made use of asbestos-containing products, such as pumps and boilers.
During this time, many documents pertaining to asbestos companies were discovered. These documents proved their involvement in conspiracy and fraud. The documents included the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney for another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to conceal the fact that asbestos was dangerous and to deflect efforts to inform the public about these dangers.
In the early to mid-1980s When these and other forms corporate fraud and conspiracy were discovered in the 1980s, a wave of class action settlements was launched, along with other efforts were made to limit asbestos liability by asbestos companies. These attempts were met by massive opposition from plaintiffs' attorneys and their clients as well as the public.
The Third Cases
In the 1970s, asbestos companies were no longer able to cover up the dangers of asbestos-related illnesses like mesothelioma from the public. This was largely due to the fact that the connection between asbestos and diseases like asbestosis, mesothelioma and other respiratory ailments began getting attention from major national publications instead of small medical journals or industry newsletters. Once the connection between asbestos and serious illness was established, patients started filing lawsuits against asbestos producers.
One of the main push factors that led to an increase in asbestos lawsuits in the 1970s was a ruling by the courts which allowed plaintiffs to apply the legal concept of strict liability. Previously asbestos lawsuits, plaintiffs required proof that asbestos manufacturers were negligent in causing their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge decided that asbestos manufacturers were liable for any injuries their products caused in the event that the company knew their product was hazardous and did not inform its employees or the public about the dangers.
Following this ruling, many asbestos producers filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, and put money aside in trusts to cover asbestos claims, and continue to operate. Johns-Manville is a notable example. It was a victim of numerous lawsuits brought 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 win punitive damage verdicts against the company.
Since the time, asbestos litigation has continued to increase due to the increasing number of victims suffering from asbestos-related ailments. Asbestos litigation is often complicated because the diseases caused by asbestos can take years to manifest 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 accountable. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering settlements in class action. It has also discussed whether individuals can be held accountable for injuries caused by asbestos.
The Fourth Case
Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands of people over the many years. asbestos attorney was also widely used by manufacturers who knew it was dangerous, but continued to make use of it.
As the legal system handles asbestos lawsuits, new developments are taking place all the time. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries for compensation.
Most of the time, these cases involve exposure to asbestos in the second degree. This happens when workers who handle asbestos on the job pass it to their spouses or children at home. Family members are affected by mesothelioma as well as other asbestos-related diseases.
This kind of case is the basis for a variety of lawsuits filed by families of victims today. asbestos attorneys (Recommended Resource site) can help families bring a case against companies responsible for the asbestos-related injuries suffered by their loved relatives.
Another big change in asbestos litigation has been the emergence of class action lawsuits. These asbestos lawsuits offer victims the opportunity to pursue justice with the assistance of an attorney well-versed in the legal issues that these cases raise.
While many asbestos attorneys have advocated for this type of litigation, there are certain people who do not support it. In actual fact, there have been several attempts to pass legislation to limit the use of class actions in asbestos cases.
The most recent major change in asbestos litigation is the filing a lawsuit by Massachusetts residents against 4 companies for how they handled asbestos removal and disposal. The lawsuit claimed that the companies violated state law by not properly disposing of asbestos and failing to safeguard residents from toxic dust.
Asbestos litigation has been ongoing for a long time, and it's likely that it will continue to do so throughout the years to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical and also by attempting to pass legislative solutions that would stop victims from seeking justice. It appears that a lot of victims, as well as their lawyers, are determined to see justice served.