Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases, such as mesothelioma, can sue companies who mined or manufactured asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She developed 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, caused by exposure to asbestos.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands throughout the years. Asbestos claims can be filed for a variety of reasons, but they usually involve those who were exposed to the substance at work. This includes workers who worked in factories that made asbestos-related products, or on the construction site of buildings containing asbestos. Jacksonville asbestos lawsuits can also be people who were exposed to asbestos through household products like talcum powder.
Those who were exposed to asbestos could develop a variety of illnesses, including mesothelioma and lung cancer and other respiratory conditions. While some of these illnesses are very serious and can be fatal, many have been able to obtain compensation for their injuries. This is due to the fact that most countries have laws that require companies that create dangerous substances to warn people who might be hurt by them.
The first asbestos lawsuit was filed in 1929 and involved a woman named Anna Pirskowski. She suffered from shortness of breathe and thickening of the tissue around the fingertip (known as clubbing). She was awarded an amount of $75,000 as a 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. Asbestos litigation became a large area of law, and many attorneys started to specialize in asbestos litigation. This meant that they only were able to handle the most serious cases. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on taking on cases for people with mesothelioma.
Other lawsuits have been won by those who suffered from asbestos-related illnesses, such as asbestosis and pleural plaques. This is because the condition that caused these was similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that showed the way asbestos producers tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being enacted in 1989.
The Second Case
As the number of people diagnosed with asbestos-related disease increased the families and victims began to file lawsuits. These lawsuits were brought against companies who mined asbestos, made asbestos-containing products or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies who designed and constructed the buildings in which they worked including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma's development is strong.
In the early 1980s, legal litigation over asbestos lawsuits grew more intense and the courts began to rule on various aspects of case processes. For instance, a federal court ruled that only individuals suffering from malignant asbestos-related disease like mesothelioma or lung cancer are able to bring a lawsuit against the manufacturers of asbestos-related 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 filed what is regarded as the first well-known lawsuit against asbestos-related companies. Kershaw, who had been diagnosed with lung issues caused by her close contact with raw asbestos fibers, attempted to get the firm she worked for to pay for her treatments. The company refused. Kershaw passed away at 33 years old of fibrosis of her lungs.
The second phase of asbestos lawsuits focused on workers exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos lawyers also filed successful cases against companies who produced equipment that contained asbestos-containing materials, such as boilers and pumps.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. This included the personal records of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel for another asbestos manufacturer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to hide the dangers of asbestos and suppress efforts to warn the public.
In the early and mid-1980s in the 1980s, when these and other forms corporate fraud and conspiracy were exposed, a wave class action settlements was launched, along with other attempts were made to limit asbestos liability by asbestos companies. These attempts were met by fierce resistance from plaintiffs’ attorneys, their clients and the public.
The Third Case
By the 1970s, asbestos companies had lost the ability to conceal information about the devastating effects of mesothelioma and other asbestos-related illnesses from the public. This was due in large part to the fact major national journals began paying attention to the connection between asbestos, mesothelioma and other respiratory diseases, instead of small industry newsletters and medical journals. After asbestos-related serious illnesses were established and patients began filing lawsuits against asbestos-related companies.
One of the main 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 asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was unsafe, but did not warn their employees or the general public about its dangers.
Following this ruling, many asbestos producers have filed for bankruptcy, a procedure which allows a company to reorganize in bankruptcy court, set money aside in trusts to cover asbestos claims, and then continue to operate. Johns-Manville was an especially notable example, as it was slammed with a variety of lawsuits from former factory workers who were suffering from asbestosis, lung cancer, and mesothelioma. Kazan Law set several cases against the manufacturer, and was able to win punitive damage verdicts against the company.
Asbestos litigation has increased since then due to the growing number of asbestos-related illnesses. Asbestos cases are often complex, as the illnesses they cause can take decades to manifest themselves and are not always immediately apparent to those who are diagnosed.
Some victims have also been waiting for years to receive reimbursement from insurance companies, even after their employers were found responsible. 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 individual defendants liable for injuries caused by asbestos.
The Fourth Case
Asbestos, a mineral that is extremely dangerous has killed and sickened hundreds of thousands of people over the decades. It's also a substance that was widely used by companies that knew it was deadly but continued to employ it in their manufacturing processes.
The legal system is able to handle asbestos lawsuits, there are always new developments. One of the most important legal developments is a decision known as Lubbe v Cape Plc, which set the precedent for victims to sue multinational companies in their home jurisdictions to recover compensation.
These cases typically involve secondary asbestos exposure. This happens when workers who work with asbestos on the job pass it to their spouses or children living at home. The family members suffer from mesothelioma and other asbestos-related diseases.
This type of situation is the basis for many lawsuits filed by families of victims today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos-related injuries suffered by their loved ones.
The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits permit victims to pursue justice with the aid of a lawyer familiar with the complex legal issues these cases raise.
While a lot of asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. In fact there have been a number of attempts to pass legislation that would limit the use of asbestos class actions.
The most recent major 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 did not follow state laws by not properly disposing of asbestos and exposing residents to toxic dust.
Asbestos litigation is a long-running problem that will likely persist for a number of decades to come. The asbestos industry has attempted to shield itself from responsibility by bringing up technical legal arguments and by attempting to pass legislative solutions that would prevent the victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to get justice done.