Asbestos Lawsuit History
Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from mesothelioma and asbestos-related diseases 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 plant in England. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims can be filed for many reasons, but they typically involve those who were exposed to the substance at work. This includes workers who worked in factories that manufactured asbestos-related products or at the construction sites of buildings with asbestos. It can also be those who were exposed to asbestos by using household products, such as talcum powder.
Exposure to asbestos can cause a variety of illnesses that include mesothelioma, lung cancer and other respiratory ailments. Many have been compensated for their injuries, even though some of these diseases can be fatal. Many countries have laws that require manufacturers of dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit was filed in 1929, and included a woman named Anna Pirskowski. She was suffering from a variety of symptoms, including breathlessness and thickening of the fingertip tissue which is called clubbing. She was awarded a settlement of $75,000 and is believed to be the first class action lawsuit in the field of asbestos.
In the years that followed in the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a large area of law, and many attorneys began to specialize 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 started to focus on taking on cases for mesothelioma patients.
Other lawsuits have been won by individuals who suffered from asbestos-related illnesses, such as asbestosis and plaques in the pleural region. The condition that caused them was similar to mesothelioma which makes it more straightforward to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated the way asbestos producers tried to conceal the risks. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Cases
As the number diagnosed with asbestos-related disease increased the families and victims began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against the companies that created and built the buildings that they worked in including power plants, shipyards and refineries. The link between mesothelioma and asbestos exposure is solid.
In the early 1980s the legal battle over asbestos lawsuits began to escalate and the courts made rulings on a variety of aspects of the procedure. A federal court, for instance, ruled that only those suffering from malignant asbestos-related diseases such as mesothelioma and lung cancer were eligible to take on asbestos manufacturers. products. This ruling, known as Borel v. Fibreboard Paper Products Corp. was a major setback to asbestos plaintiffs.
At the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first legal claim that is well-known against asbestos-related companies. Kershaw, factory worker from Rochdale, England, was diagnosed with lung problems due to her exposure to asbestos fibers in raw form. She tried to get her employer to pay for the treatment. The company was unable to pay. Kershaw passed away at 33 years old from lung fibrosis.
The second wave of asbestos lawsuits centered on people who had been exposed to different types of asbestos-containing building products such as fireproofing sprays, and drywall products. Asbestos lawyers also brought successful cases against companies who produced equipment that contained asbestos-containing materials, like boilers and pumps.
During this period, a variety of incriminating documents were discovered that revealed asbestos companies were involved in a scheme of fraud and. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents revealed the scheme of these companies to hide knowledge that asbestos was dangerous and to thwart efforts to inform the public of the dangers.
In the mid-1980s to early-1990s When these and other forms of corporate fraud and conspiracy were uncovered in the 1980s, a wave of class action settlements was launched and other attempts were made to limit asbestos liability by asbestos companies. These attempts were met with massive opposition from plaintiffs' attorneys, their clients and the general public.
The Third Case
In the 1970s, asbestos companies had lost the ability to hide information about the deadly effects of mesothelioma as well as other asbestos-related diseases from the public. This was due in large part to the fact major national publications began paying attention to the link between mesothelioma, asbestos and other respiratory diseases, instead of small industry newsletters and medical journals. When the link between asbestos and serious diseases was well established, victims started making lawsuits against asbestos producers.
One of the major push factors that led to an increase in asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. In the past, plaintiffs in asbestos cases had to show that asbestos manufacturers were negligent in the way they caused their exposure to asbestos. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products when the company knew their product was unsafe and did not inform its employees or the public about its dangers.
Following this ruling, many asbestos Attorney manufacturers have filed for bankruptcy, a process which allows a company to be reorganized in bankruptcy court, and put money in trusts to cover asbestos claims, and then continue to operate. Johns-Manville is an example. It was the victim of numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma and lung cancer. 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 illnesses. asbestos attorney litigation can be complicated because the illnesses caused by asbestos can take a long time to manifest and are not always apparent to those who are 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 to be responsible. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos companies offered in an attempt to limit their liability, and it has also pondered the question of whether or not it is possible to hold defendants accountable for asbestos-related injury.
The Fourth Cases
Asbestos, a mineral which is extremely harmful, has sickened and killed hundreds of thousands over the years. Asbestos was also used extensively by manufacturers who knew it was a risk however they continued to make use of it.
The legal system is able to handle asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most important legal developments is a case called Lubbe v. Cape Plc, which set the precedent for victims to sue multinational corporations in their home jurisdictions for compensation.
Most of the time, these cases involve secondary exposure to asbestos. Workers who handle asbestos at work can transfer it to their family members or spouses. Family members are affected by mesothelioma as well as other asbestos-related illnesses.
This type of situation 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-related injuries.
The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits give victims the opportunity to pursue justice with the help of an attorney well-versed in the legal issues these cases bring up.
While many asbestos attorneys have pushed for this type of litigation, there are also certain people who do not support it. In actual fact, there have been several attempts to pass legislation restricting the use of class actions in asbestos cases.
The most recent major change in asbestos litigation is the filing an action by Massachusetts residents against four companies for handling asbestos removal and disposal. The lawsuit claimed that the firms did not follow state laws by not disposing asbestos properly and failing residents from toxic dust.
Asbestos litigation has been going on for decades and it's likely that it will continue to do so for a long time to come. The asbestos industry has tried to avoid responsibility by bringing up technical legal arguments and by trying to pass legislative remedies that would prevent the victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice served.