Asbestos Lawsuit History
Lawyers like Stanley Levy have helped many asbestos victims. People suffering from asbestos-related illnesses such as mesothelioma are able to sue companies that mined, manufactured or used asbestos.
The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber manufacturing plant in England. She died at age 33 of fibrosis in the lungs caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has sickened and killed thousands of people over the years. Asbestos claims are filed for a variety of reasons, but the majority involve those who have been exposed to asbestos in their work. This includes workers who worked in factories that made asbestos-related products or on the construction site of buildings that contain asbestos. It could also include people who were exposed asbestos through household products such as talcum powder.
Those who were exposed to asbestos may develop a number of different diseases including mesothelioma, lung cancer and other respiratory diseases. Many people have been compensated for their injuries, even though some of these diseases can be fatal. This is because many countries have laws that require companies who create dangerous substances to warn those who may 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 was suffering from a variety of ailments, including shortness of breath and thickening of the fingertip tissue, which is called clubbing. She received a settlement amounting to $75,000 in what is believed to be the first-ever class action lawsuit that dealt with asbestos.
In the years following there were a lot of asbestos lawsuits were filed. Some of the cases became extremely large, and a number of attorneys began to specialise in asbestos litigation. This meant that they took on the most serious cases. Kazan Law was one firm that was focusing on this in the latter part of the 80s.
Other lawsuits have been won by individuals who suffered from asbestos-related diseases such as asbestosis or plaques in the pleural region. The disease that caused them was very like mesothelioma and therefore more straightforward to prove for lawyers. These claims also led to the revelation of secret documents that showed how manufacturers of asbestos products tried to conceal the risks. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.
The Second Cases
As the number of people diagnosed with asbestos-related diseases increased, victims and their families began bringing lawsuits against companies that mined, made or sold asbestos-containing products. Mesothelioma victims also filed lawsuits against companies that designed and constructed the structures where they worked, including power plants, shipyards and refineries. The connection between asbestos exposure and mesothelioma development is strong.
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 litigation process. For example, a federal court ruled that only individuals suffering from a malignant asbestos-caused disease such as mesothelioma or lung cancer are eligible to bring lawsuits against the producers of asbestos-related products they used. This ruling, referred to as Borel V. Fibreboard Paper Products Corp. was a major setback for asbestos litigation.
Around the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung problems due to her frequent contact with raw asbestos fibers, attempted to convince the company she worked for to pay for her medical treatments. The company, however, refused. Kershaw passed away at 33 years old from fibrosis of her lungs.
The second round of asbestos cases centered on workers who worked in construction sites and were exposed types of asbestos-containing building products, including fireproofing sprays, drywall products and textures. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos-containing materials, like boilers and pumps.
During this time, a variety of documents pertaining to asbestos companies were discovered. These documents showed their involvement in conspiracy and fraud. The documents include the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed a conspiracy between these companies to conceal asbestos' dangers and deflect efforts to educate the public.
In the mid-1980s to early-1990s 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, along with other attempts were made to limit asbestos liability were made by asbestos companies. These efforts were met with massive opposition from plaintiffs' attorneys as well as their clients and the general public.
The Third Cases
In the 1970s, asbestos firms had lost the ability to conceal information about the deadly effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due to the fact that the link between asbestos and ailments like mesothelioma, asbestosis, and other respiratory ailments began getting attention from major national publications instead of small medical journals or newsletters for industry. When the link between asbestos and serious illnesses was well-established, victims started making lawsuits against asbestos producers.
One of the primary driving factors that led to increased asbestos lawsuits in the 1970s was a court ruling that allowed plaintiffs to use the legal concept of strict liability. In Minneapolis asbestos attorney , plaintiffs in asbestos cases had to prove that asbestos manufacturers were negligent in creating their exposure to asbestos. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew that their product was unsafe but did not inform their employees or the general public about its dangers.
Following this ruling, many asbestos-related companies 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 one of the most notable examples. It was hit by many lawsuits filed by former workers who were diagnosed with asbestosis, mesothelioma and lung cancer. Kazan Law set several cases against the manufacturer and was able get punitive damage verdicts against the company.
Since the time, asbestos litigation has continued increase due to the growing number of people suffering from asbestos-related diseases. Asbestos cases can be complicated due to the ailments they cause can take decades to manifest themselves and are not always immediately evident to those who have been diagnosed.
Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found to be liable. The US Supreme Court has addressed several cases in which asbestos companies attempted to limit their liability by offering class action settlements. It also has considered whether individual defendants can be held accountable for injuries caused by asbestos.
The Fourth Cases
Asbestos, a mineral that is extremely hazardous, has sickened and killed hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who knew it was a risk yet continued to use it.
The legal system is able to handle asbestos lawsuits and asbestos lawsuits, there are always new developments. One of the most significant legal developments is a case called Lubbe v Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions for compensation.
In most cases, these situations are accompanied by secondary exposure to asbestos. Workers who work with asbestos work may transfer it to their family members or spouses. The family members suffer from mesothelioma or other asbestos-related diseases.
Many lawsuits are filed by the families of victims of this type of case. Asbestos lawyers can assist families file a claim against the responsible parties for the asbestos injuries of their loved family members.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits offer victims the chance to seek justice through the help of an attorney who is well-versed in the legal issues these cases present.
While a lot of asbestos lawyers have advocated for this type of litigation, there are certain people who do not support it. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.
The latest major development in asbestos litigation is the filing of 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 to protect residents from toxic dust.
Asbestos litigation has been ongoing for a long time and it will continue to be throughout the years to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments based on technicalities, and by trying to pass legislative remedies that would prevent victims from seeking justice. However, it appears that a lot of victims and their lawyers are determined to get justice.