Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers like Stanley Levy. Patients suffering from mesothelioma and asbestos-related diseases can sue companies who produced, mined, or used asbestos and asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She was diagnosed with health issues while working in an asbestos fiber plant in England. She died at the age of 33 from fibrosis of the lungs caused by asbestos exposure.

The First Cases

Asbestos, a hazardous mineral, has afflicted and killed thousands of people throughout the years. Asbestos claims are filed for a variety reasons, but most often involve people who have been exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction site of buildings that contain asbestos. It can also include those who were exposed to asbestos through household products like talcum powder.

Anyone who was exposed to asbestos may be afflicted with 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 obtain compensation for their injuries. The majority of countries have laws that require companies that create dangerous substances warn anyone who could be injured.

The first asbestos lawsuit was filed in 1929. It was filed by a woman whose name was Anna Pirskowski. She was suffering from shortness of breath and a thickening of the fingertip tissue (known as clubbing). She received a settlement worth $75,000 in what is believed to be a first-ever class action lawsuit that dealt with asbestos.

In the years following there were a lot of asbestos lawsuits were filed. Asbestos litigation grew into a broad area of law and many attorneys began to specialize in asbestos litigation. They only took on cases that were very serious. Kazan Law was one firm that focused on this in the late 80s.

Other lawsuits were won by those who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. The disease that caused them was very similar to the mesothelioma, which makes it more straightforward to prove for lawyers. These claims led to the release of secret documents that showed how asbestos manufacturers tried to hide their risks. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number diagnosed with asbestos-related diseases grew the families and victims began filing lawsuits. These lawsuits were filed against businesses that mined asbestos, produced asbestos-containing products or sold products containing asbestos. Additionally, mesothelioma patients filed claims against the companies who designed and constructed the structures where they worked, such as shipyards, power plants refineries and factories. The link 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 decisions on various aspects of the litigation process. A federal court, for instance determined that only people suffering from malignant asbestos-caused diseases like mesothelioma and lung cancer were able to bring a lawsuit against the makers of asbestos products. This ruling, known as Borel v. Fibreboard Paper Products Corp., was a major setback for asbestos plaintiffs.

At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung issues due to her close contact with asbestos fibers, attempted to get the firm she worked for to pay for her medical treatments. The company refused. Kershaw passed away in her 30s of fibrosis.

The second wave of asbestos cases focused on those who worked in construction sites and were exposed kinds of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos lawyers also successfully brought cases against companies that manufactured the equipment that made use of asbestos-containing products, such as pumps and boilers.

During this time, a variety of documents that implicated asbestos companies were uncovered. These documents showed their involvement in fraud and conspiracies. The documents included 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 knowledge that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

In the mid-1980s to early-1990s, when these and other forms of corporate fraud and conspiracy were exposed, a wave class action settlements was launched and other attempts made to limit asbestos liability by asbestos companies. These attempts were met with strong resistance from plaintiffs' attorneys and their clients, as well as from the public in general.

The Third Cases

In the 1970s, asbestos-related companies were no longer able to conceal the devastating effects of asbestos-related illnesses like mesothelioma from people. This was largely due to the fact that the link between asbestos and illnesses like mesothelioma, asbestosis, and other respiratory ailments began receiving attention from major national publications instead of just small medical journals or industry newsletters. When the links between asbestos and serious illnesses were established and the victims began making lawsuits against asbestos producers.

In the 1970s, a court ruling that allowed plaintiffs the use of strict liability as a legal principle was among the major factors that led to an increase in asbestos lawsuits. Plaintiffs in asbestos cases would have to prove that asbestos manufacturers were negligent in exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries resulting from their products if they knew their product was unsafe but did not inform their employees or the general public about the dangers.

Following this ruling, many asbestos manufacturers were forced to file for bankruptcy, a process which allows a company to reorganize in bankruptcy court, and put money aside in trusts to pay for asbestos claims, and continue to be in operation. Johns-Manville is a notable example. It was hit by numerous lawsuits brought by former factory employees who were suffering from asbestosis, mesothelioma, or lung cancer. Kazan Law set several cases against the manufacturer and was able obtain punitive damages verdicts against the company.

Since then asbestos litigation has continued to increase due to the rising number of victims suffering from asbestos-related ailments. Asbestos cases can be complicated due to the ailments they cause can take decades 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 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 considered whether individual defendants can be held accountable for injuries caused by asbestos.

The Fourth Cases

Asbestos, a mineral which is extremely dangerous has killed and sickened hundreds of thousands over the years. Asbestos was also extensively used by manufacturers who knew it was dangerous, but continued to use it.

As the legal system tackles these asbestos lawsuits new developments are taking place constantly. One of the most significant legal developments is a case known as Lubbe v. Cape Plc, which set an example that allows asbestos victims to sue multinational corporations in their home jurisdictions for compensation.

Most of the time, these cases involve exposure to asbestos in the second degree. This happens when workers who work with asbestos on the job transfer it to their spouses or children living at home. 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 case. Asbestos lawyers can aid families file a lawsuit against the company responsible for their loved ones' asbestos injuries.

The rise of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits provide victims the opportunity to seek justice with the assistance of an attorney well-versed in the complicated legal issues these cases bring up.

While many asbestos attorneys - straarup-oh-3.blogbright.net - have advocated for this type of litigation, there are certain people who do not support it. In fact there have been a number of attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent significant change in asbestos litigation was the filing of a suit by Massachusetts residents against four companies regarding how they handled asbestos abatement and disposal. The lawsuit alleged that the companies violated state law by not properly disposing of asbestos lawyer and failing to safeguard residents from the harmful dust.

Asbestos litigation has been ongoing for decades, and it's likely that it will continue to do so for a long time to come. The asbestos industry has attempted to shield itself from responsibility using legal arguments that are technical and also by attempting to pass legislative solutions that would stop victims from seeking justice. It seems that many victims, and their lawyers are determined to get justice served.