A Step-By -Step Guide For Asbestos Lawsuit History

Asbestos Lawsuit History

Many asbestos victims have received assistance from lawyers such as Stanley Levy. People suffering from asbestos-related illnesses like mesothelioma can sue companies that mined asbestos, made or used asbestos.

Nellie Kershaw filed her first asbestos lawsuit. She worked in a factory that made asbestos fibers in England and was diagnosed with health issues. She died at 33 due to fibrosis that had developed in her lungs, caused by exposure to asbestos.

The First Cases

Asbestos is a hazardous mineral that has sickened or killed thousands of people over time. Asbestos claims are filed for many reasons, but they usually involve those who were exposed to asbestos at work. This includes workers who worked in factories that manufactured asbestos-related products, or on the construction site of buildings containing asbestos. It could also include people who were exposed asbestos through household products such as talcum powder.

Exposure to asbestos can lead to a variety of diseases which include mesothelioma, lung cancer and other respiratory problems. While some of these illnesses are very serious and can 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, filed in 1929, included a woman by the name of Anna Pirskowski. She was suffering from a range of symptoms including shortness of breath and thickening of the fingertip tissue, known as clubbing. She was awarded an amount of $75,000 as a settlement that is believed to be the first class action lawsuit filed in relation to asbestos.

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation became a very vast area of law and many lawyers began to specialize in asbestos litigation. They only took on cases that were important. One firm that did this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of people with mesothelioma.

Other lawsuits were won by those who been diagnosed with other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. The condition that caused them was similar to the mesothelioma, making it easier to prove for lawyers. These claims also led to the revelation of secret documents that demonstrated how asbestos-related manufacturers tried to hide the dangers. In 1989, the Asbestos Ban & Phase Out Rule was enacted.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew, patients and their families began bringing lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma patients also filed lawsuits against companies who designed and constructed the buildings where they worked, including shipyards, power plants and refineries. The connection between asbestos exposure and mesothelioma growth is solid.

In the early 1980s the legal battle over asbestos lawsuits began to intensify and courts ruled on many aspects of the case process. For example, a federal court ruled that only individuals suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to file an action against the makers of the asbestos products they employed. This ruling, dubbed Borel v. Fibreboard Paper Products Corp., was a major setback to asbestos lawsuit defendants.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is believed to be the first legal claim that is well-known against asbestos-related companies. Kershaw was factory worker from Rochdale, England, was diagnosed with lung issues caused by her close exposure to raw asbestos fibers. She tried to get her employer to cover the cost of treatment. The company refused. Kershaw died at 33 years old from lung fibrosis.

The second wave of asbestos cases focused on workers who worked at construction sites and were exposed to various kinds of asbestos-containing building materials such as fireproofing sprays, drywall materials and textures. Asbestos lawyers also successfully brought lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like boilers and pumps.

During this time, numerous incriminating documents were uncovered that revealed asbestos companies have been involved in fraud and conspiracy. 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 revealed a plot between these companies to conceal the dangers of asbestos and to thwart efforts to warn the public.

The discovery of these and other types of corporate fraud and collusion in the mid- to late 1980s caused a surge of class action settlements as well as other attempts to limit asbestos liability for asbestos-related companies. These efforts were met with fierce opposition from plaintiffs' lawyers and their clients, as well as the general public in general.

The Third Cases

By the 1970s, asbestos companies had lost the ability to conceal information about the devastating effects of mesothelioma as well as other asbestos-related illnesses from the public. This was due in large part to the fact that major national publications began to pay attention to the link between mesothelioma, asbestos and other respiratory diseases, rather than small industry medical journals and newsletters. When the links between asbestos Attorney and serious illnesses were established, victims began making lawsuits against asbestos producers.

One of the major factors that pushed more asbestos lawsuits in 1970s was a court ruling that allowed plaintiffs to utilize the legal concept of strict liability. In the past asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in the way they caused their asbestos exposures. However, in the 1973 case of Borel v. Fibreboard, a judge ruled that asbestos manufacturers were accountable for any injuries caused by their products in the event that the company knew their product was unsafe and did not warn its employees or the public about its dangers.

In the wake of this ruling, a number of asbestos-related companies have filed for bankruptcy, a procedure that allows businesses to reorganize in bankruptcy court, and put money aside in trusts to pay for asbestos claims, and then continue to continue to operate. Johns-Manville is a noteworthy case because it was slammed with a variety of lawsuits filed by former factory workers suffering from asbestosis, lung cancer and mesothelioma. Kazan Law brought several cases against the manufacturer and was able to obtain punitive damages verdicts against it.

Since then asbestos litigation has continued to increase due to the increasing number of victims suffering from asbestos-related diseases. Asbestos litigation is often complex due to the fact that the ailments caused by asbestos can take years to manifest and are not always apparent to those who are diagnosed.

Additionally 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 a number of cases where asbestos companies sought to limit their liability by offering settlements for class actions. It also has discussed whether individuals can be held accountable for asbestos related injury.

The Fourth Cases

Asbestos is a very dangerous mineral that has killed or sickened hundreds of thousands of people over the many years. Asbestos was also used extensively by manufacturers who knew it was a risk, but continued to employ it.

As the legal system tackles asbestos lawsuits and asbestos lawsuits, new developments take place every day. One of the most important legal developments is the decision Lubbe v Cape Plc. This set an example for asbestos victims to sue multinational corporations in their home countries for compensation.

These cases typically involve secondary asbestos exposure. Workers who handle asbestos at work may pass it on to their families or spouses. The family members are affected by mesothelioma as well as other asbestos-related illnesses.

This type of case is the basis of many lawsuits filed by relatives of victims of asbestos today. Asbestos lawyers can assist families file a claim against the company that is responsible for their loved ones' asbestos-related injuries.

The rise of class-action lawsuits is a significant development in asbestos litigation. These asbestos lawsuits give victims the opportunity to seek justice through the help of an attorney who is well-versed in the legal issues these cases present.

While many asbestos attorneys have pushed for this kind of litigation, there are some who oppose it. In fact, there have been several attempts to pass legislation that would limit the use of asbestos class actions.

The most recent major change in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they dealt with asbestos abatement and disposal. The lawsuit alleged that the companies had violated state law by not properly disposing of asbestos and failing to safeguard residents from toxic dust.

Asbestos litigation has been going on for decades and it will continue to do so for a long time to come. The asbestos industry has tried to avoid responsibility through technical legal arguments, and by trying to pass legislative remedies which would hinder victims from seeking justice. But, it appears that many victims and their lawyers are determined to get justice.