Asbestos Lawsuit History
Many asbestos victims have received assistance from lawyers such as Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies that mined, manufactured, or used asbestos and asbestos-containing products.
Nellie Kershaw filed her first asbestos lawsuit. She developed health issues while working in an asbestos fiber factory in England. She passed away at the age of 33 of fibrosis of the lungs caused by asbestos exposure.
The First Cases
Asbestos, a dangerous mineral, has infected and killed thousands over the years. Asbestos claims can be filed for many reasons, but they typically involve people who were exposed to the substance at work. This includes workers who worked in factories that produced asbestos-related products or on the construction sites of buildings containing asbestos. It could also include people who were exposed asbestos through household products like talcum powder.
Anyone who was exposed to asbestos could develop a variety of illnesses, including mesothelioma and lung cancer, and other respiratory diseases. While some of these ailments are extremely serious and could be fatal, a lot of people have been able to receive compensation for their injuries. Most countries have laws requiring companies that produce dangerous substances to warn anyone who may be injured.
The first asbestos lawsuit, filed in 1929, involved a woman by the name of Anna Pirskowski. She was suffering from a variety of symptoms including shortness of breath and the thickening of the fingertip tissue known as clubbing. She received a settlement worth $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. They only accepted cases that were serious. Kazan Law was one firm that was focusing on this in the late 80s.
Other lawsuits were won by those who had suffered from other asbestos-related diseases such as asbestosis or pleural plaques. This is due to the fact that the disease that caused these was similar to mesothelioma and therefore easier for lawyers to prove. These claims led to the release of secret documents which showed how asbestos product manufacturers tried to hide their risks. This led to the Asbestos Ban and Phase Out Rule being enacted 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 sufferers also filed lawsuits against the companies that designed and constructed the structures in which they worked, including shipyards, power plants, and refineries. The connection between asbestos exposure and mesothelioma growth 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 case procedure. For instance, a federal court ruled that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to file an action against the makers of asbestos-related products they used. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback for defendants in asbestos litigation.
Around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first well-known legal claim against asbestos companies. Kershaw was diagnosed with lung issues due to her frequent contact with raw asbestos fibers, tried to convince the company she worked for to cover her treatment. However, the company refused. Kershaw died at 33 years old from fibrosis of her lungs.
The second round of asbestos-related cases focused on workers who worked at construction sites and were exposed to various types of asbestos-containing building products such as fireproofing sprays, textures and drywall products. Asbestos lawyers also won cases against companies that manufactured the equipment that used asbestos-containing materials, like pumps and boilers.
During this period, a variety of documents that were incriminating were found that revealed asbestos companies' involvement in a scheme of fraud and. 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 uncovered the conspiracy of these companies to cover up knowledge that asbestos was dangerous and to deflect efforts to inform the public of asbestos' dangers.
In the early to mid-1980s When these and other forms of corporate fraud and conspiracy were discovered, a wave class action settlement was initiated, as well as other attempts made to reduce asbestos liability by asbestos companies. These efforts were met with fierce resistance from plaintiffs’ attorneys as well as their clients and the public.
The Third Case
By the 1970s, asbestos firms had lost the ability to keep information about the deadly effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact that the connection between asbestos and diseases like mesothelioma, asbestosis, and other respiratory problems started getting attention from major national publications instead of small industry newsletters or medical journals. As soon as the link between asbestos and serious illnesses was well established, victims started making lawsuits against asbestos producers.
One of the main push factors that led to more asbestos lawsuits in 1970s was a court decision that allowed plaintiffs to use the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent for exposing them. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products if the company knew that their product was hazardous and failed to warn its employees or the general public about its dangers.
Following this ruling, a lot of asbestos producers filed for bankruptcy. This procedure allows a business, while still in operation, to reorganize its affairs in bankruptcy court and to put money in trusts to pay asbestos claimants. Johns-Manville is an example. It was hit by numerous lawsuits filed by former factory workers who were diagnosed with asbestosis, mesothelioma, or lung cancer. Kazan Law brought several cases against the manufacturer and was able get punitive damages against it.
Since the time asbestos litigation has continued grow due to the rising number of victims suffering from asbestos-related diseases. Jersey City asbestos lawsuit is often complex due to the fact that the ailments caused by asbestos can take a long time to manifest and are not always apparent to those diagnosed.
In addition, some 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 several cases in which asbestos companies attempted to limit their liability by offering class action settlements. It also has discussed whether individual defendants could be held liable for asbestos related injury.
The Fourth Cases
Asbestos is a very hazardous mineral that has killed or sickened hundreds of thousands of people over the many years. Asbestos was also widely used by companies who knew it was a risk yet continued to use it.
As the legal system handles these asbestos lawsuits with a constant stream of new developments. One of the most important legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.
These cases often involve secondary asbestos exposure. Workers who work with asbestos work may transfer it to their families or spouses. The family members suffer from mesothelioma or other asbestos-related diseases.
This kind of case is the basis of many lawsuits filed by relatives of victims today. Asbestos lawyers can help families file a claim against the companies that caused the asbestos-related injuries suffered by their loved ones.
The rise of class-action lawsuits is a major change in asbestos litigation. These asbestos lawsuits give victims the chance to seek justice through the help of an attorney well-versed in the complicated legal issues these cases present.
While many asbestos attorneys have pushed for this type of litigation, there are those who are against it. In fact there have been numerous attempts to pass legislation that would limit the use of asbestos class actions.
The most recent major advancement in asbestos litigation is the filing an action by Massachusetts residents against 4 companies over their handling of asbestos removal and disposal. The lawsuit claimed that the companies in violation of state law by not properly disposing of asbestos and exposing residents to toxic dust.
Asbestos litigation has been ongoing for a long time and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to avoid liability through legal arguments based on technicalities, and by trying to pass legislative remedies that would prevent victims from seeking justice. However, it seems that a lot of victims and their attorneys are determined to see justice served.