Is Technology Making Asbestos Lawsuit History Better Or Worse
Asbestos Lawsuit History
Lawyers such as 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.
Nellie Kershaw filed the first asbestos lawsuit. She worked at a factory that made asbestos lawyers fibers in England and developed health issues. She passed away at the age of 33 due to fibrosis of her lungs, caused by asbestos exposure.
The First Cases
Asbestos, a hazardous mineral, has sickened and killed thousands over the years. Asbestos claims are filed for a variety reasons, but the majority involve those who have been exposed to asbestos while at work. This can include workers at factories that made asbestos-related products, people who worked on the construction of structures containing asbestos and even those who were exposed to secondhand asbestos from household products that were contaminated, like talcum powder.
Anyone who was exposed to asbestos could be afflicted with a variety of illnesses like mesothelioma, lung cancer and other respiratory diseases. Although some of these diseases are extremely serious and could be fatal, many have been able to receive compensation for their injuries. This is due to the fact that most countries have laws that require companies that produce dangerous substances to warn people who might be injured 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 symptoms, including breathlessness and thickening of the fingertip tissue, also known as clubbing. She was awarded an amount of $75,000 in settlement and is believed to be the first class action lawsuit filed in the field of asbestos.
In the years following in the years that followed, more and more asbestos lawsuits were filed. Some of these cases were quite large, and a lot of attorneys started to specialize in asbestos litigation. This meant that they only took on the most serious cases. One firm that did this was Kazan Law, which in the late 1980s started to focus on the bringing of cases on behalf of people with mesothelioma.
Other lawsuits have been won by people who suffered from asbestos-related illnesses such as asbestosis or plaques in the pleural region. The condition that caused them was similar to mesothelioma and therefore simpler to prove for lawyers. These claims also led to the revelation of secret documents that revealed the way asbestos producers tried to hide the dangers. In 1989 the Asbestos Ban & Phase Out Rule was issued.
The Second Case
As the number of people suffering from asbestos-related illnesses grew, the victims and their families began filing lawsuits against companies that mined, produced or sold asbestos-containing products. In addition, mesothelioma sufferers filed lawsuits against the companies who designed and constructed the buildings where they worked like power plants, shipyards, refineries and factories. The connection between mesothelioma and asbestos exposure is very strong.
In the early 1980s the legal fights over asbestos lawsuits got more intense and the courts began to rule on many aspects of the litigation process. A federal court, for instance determined that only people suffering from asbestos-related malignancies such as mesothelioma and lung cancer could sue the manufacturers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback for defendants in asbestos litigation.
The same time, Nellie Kershaw from Rochdale in England was the first to file what is now seen as the first well-known lawsuit against asbestos-related companies. Kershaw was an employee in a factory in Rochdale, England was diagnosed with lung issues caused by her close exposure to asbestos fibers in raw form. She tried to get her employer to cover the cost of treatment. The company was unable to pay. Kershaw passed away in her 30s of fibrosis.
The second round of asbestos-related cases focused on workers who worked in construction sites and were exposed kinds of asbestos-containing building materials, including fireproofing sprays, drywall products and textures. Asbestos attorneys also brought successful cases against companies that produced equipment that contained asbestos lawyer-containing materials, like pumps and boilers.
During this time, a variety of documents incriminating asbestos companies were discovered. These documents showed their involvement in conspiracies 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 uncovered the conspiracy of these companies to hide the fact that asbestos was hazardous and to thwart efforts to inform the public of asbestos' dangers.
The discovery of these, and other forms of corporate fraud and conspiracy in the mid- to late 1980s caused a surge of class action settlements and other efforts to limit asbestos liability for asbestos-related companies. These attempts were met with strong resistance from plaintiffs' attorneys and their clients, as as the general public in general.
The Third Case
By the 1970s, asbestos firms had lost the ability to keep information about the deadly effects of mesothelioma and other asbestos-related diseases from the general public. This was due in large part to the fact that major national publications began paying attention to the connection between mesothelioma, asbestos and other respiratory diseases, instead of small industry medical journals and newsletters. Once the connection between asbestos and serious illnesses was well-established, victims started filing lawsuits against asbestos manufacturers.
In the 1970s, a court ruling which allowed plaintiffs to make use of strict liability as a legal theory was among the major reasons for an increase in asbestos lawsuits. Plaintiffs in asbestos cases would need to prove that asbestos manufacturers were negligent in exposing them to. However in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were responsible for any injuries caused by their products if the company knew that their product was dangerous and did not warn its employees or the general public about the dangers.
In the wake of this ruling, a number of asbestos-related companies filed for bankruptcy, a procedure which allows a company to reorganize itself in bankruptcy court, and put funds aside in trusts to pay for asbestos claims and still be in operation. Johns-Manville is one of the most notable examples. It was the victim of numerous lawsuits brought by former workers who suffered from asbestosis, mesothelioma, or 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 grow as a result of the rising number of victims suffering from asbestos-related illnesses. Asbestos litigation is often complex because the illnesses caused by asbestos can take a long time to manifest and are not always apparent to those who are diagnosed.
Additionally, some victims have been forced to wait for years to receive compensation from insurance companies after their employers were found responsible. The US Supreme Court has addressed a number of cases where asbestos companies attempted to limit their liability by offering class action settlements. It has also considered whether individuals can be held accountable for injuries resulting from asbestos.
The Fourth Case
Asbestos is a very hazardous mineral that has caused the death or sickness of hundreds of thousands of people over the many years. Asbestos was also used extensively by companies who knew it was a risk yet continued to employ it.
As the legal system deals asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is a ruling known as Lubbe v. Cape Plc, which set a precedent that allows victims to sue multinational corporations in their home jurisdictions for compensation.
These cases often involve secondary asbestos exposure. Workers who handle asbestos at work may transfer it to their family members or spouses. The family members suffer from mesothelioma and other asbestos-related diseases.
Many lawsuits are filed by the families of victims based on this kind of situation. Asbestos attorneys can help families file a claim against companies responsible for the asbestos injuries of their loved family members.
The emergence of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits offer victims the opportunity to pursue justice with the help of an attorney who is familiarized with the complex legal issues these cases present.
While many asbestos attorneys have pushed for this kind 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 most recent major advancement in asbestos litigation was the filing of a suit by Massachusetts residents against four companies concerning how they handled asbestos abatement and disposal. The lawsuit alleged that the companies violated state law by not disposing of asbestos properly and failing to safeguard residents from harmful dust.
Asbestos litigation is a long-standing issue that will likely continue for a long time. The asbestos industry has tried to shield itself from responsibility by making legal arguments that are technical and by trying to get legislative remedies passed that would prevent the victims from seeking justice. It appears that a lot of victims, and their lawyers are determined to get justice acted upon.
