20 Fun Facts About Asbestos Lawsuit History

Asbestos Lawsuit History

Lawyers such as Stanley Levy have helped many asbestos victims. Patients suffering from asbestos-related diseases like mesothelioma can sue companies that mined, manufactured or used asbestos.

Nellie Kershaw was the first to file an asbestos lawsuit. She worked in a factory that spun asbestos fibers in England and developed health issues. She passed away at 33 due to fibrosis in her lungs, which was caused by asbestos exposure.

The First Cases

Asbestos is a hazardous mineral that has sickened or killed thousands of people over the years. Asbestos claims can be filed for many reasons, but they generally involve people who were exposed to asbestos at work. This includes workers at factories that produced asbestos-related products or those working in the construction of buildings that contain asbestos, and even those who were exposed to asbestos secondhand from household products that were contaminated, such as talcum powder.

People who were exposed to asbestos could be afflicted with a variety of diseases including mesothelioma, lung cancer, and other respiratory diseases. Many have been awarded compensation for their injuries, even though some of these diseases are fatal. Most countries have laws requiring manufacturers of dangerous substances to warn anyone who could be injured.

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 tissue around the fingers, also 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.

Asbest lawsuits continued to be filed in the years that followed. Some of the cases became quite large, and a lot of attorneys started to specialize in asbestos litigation. They only would take on cases that were very serious. One firm that did this was Kazan Law, which in the latter half of the 1980s began to focus on bringing cases on behalf of mesothelioma patients.

Other lawsuits were won by individuals who had suffered from other asbestos-related diseases such as asbestosis or plaques in the pleural cavity. This is because the disease that caused them was similar to mesothelioma, making it simpler for lawyers to prove. These claims also led to the disclosure of secret documents that revealed how asbestos-related manufacturers attempted to conceal the dangers. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Case

As the number of people diagnosed with asbestos-related diseases grew the number of victims and their families began filing lawsuits. These lawsuits were filed against companies that mined asbestos, manufactured asbestos-containing products or sold asbestos-containing products. In addition, mesothelioma sufferers made claims against companies that designed and built the structures where they worked including shipyards, power plants, factories and refineries. The link between asbestos exposure and mesothelioma's development is strong.

In the early 1980s the legal dispute over asbestos lawsuits began to get more intense and the courts ruled on many aspects of the case process. For example a federal court ruled that only individuals suffering from malignant asbestos-related disease such as mesothelioma or lung cancer are able to bring an action against the makers of the asbestos products they used. This ruling, also known as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

Around  asbestos lawsuit after death , Nellie Kershaw from Rochdale in England filed what is now regarded as the first known lawsuit against asbestos companies. Kershaw, who had been diagnosed with lung ailments due to her close contact with asbestos fibers, attempted to get the company she worked for to pay for her medical treatments. However, the company refused. Kershaw died at 33 years old from fibrosis of her lungs.

The second wave of asbestos lawsuits focused on people who had been exposed to different types asbestos-containing building products, such as fireproofing sprays, and drywall products. Asbestos attorneys also brought successful cases against companies that manufactured equipment that used asbestos-containing material, such as 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 include the personal documents of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the scheme of these companies to conceal the fact that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

The discovery of these, and other forms of corporate fraud and conspiracy in the mid- to late 1980s sparked a wave of class action settlements as well as other efforts to limit asbestos liability for asbestos companies. These efforts were met with strong opposition from plaintiffs' attorneys, their clients and the public.

The Third Case

In the 1970s, asbestos-related companies had lost the ability to hide information about the devastating effects of mesothelioma and the other asbestos-related diseases from the public. This was due in large part to the fact major national publications began paying attention to the connection between mesothelioma, asbestos, and other respiratory diseases, rather than small industry newsletters and medical journals. As soon as the link between asbestos and serious illness was well established, victims started making lawsuits against asbestos producers.

One of the primary factors that pushed an increase in asbestos lawsuits in the 1970s was a court ruling which allowed plaintiffs to apply the legal theory of strict liability. Previously asbestos lawsuits, plaintiffs had to prove that asbestos manufacturers were negligent in causing their exposure to asbestos. In the 1973 case of Borel v. Fibreboard a judge ruled asbestos manufacturers liable for any injuries resulting from their products if they knew their product was dangerous but did not inform their employees or the general public about its dangers.

After the ruling, a number of asbestos producers filed for bankruptcy. This 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 the victim of numerous lawsuits filed by former workers who suffered from asbestosis, mesothelioma, and lung cancer. Kazan Law set several cases against the manufacturer, and was able to obtain punitive damages verdicts against the company.

Asbestos lawsuits have increased since then because of the increasing number of asbestos-related illnesses. Asbestos cases are often complex, as the illnesses they cause can take decades to manifest themselves and are not always evident to those who have been 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 to be accountable. The US Supreme Court has addressed several cases in which asbestos companies sought to limit their liability by offering settlements in class action. It also has addressed the question of whether individuals can be held accountable for injuries resulting from asbestos.

The Fourth Cases

Asbestos is a very dangerous mineral, which has caused the death or sickness of hundreds of thousands of people over the decades. Asbestos was also used extensively by manufacturers who knew it was a risk, but continued to make use of it.

As the legal system tackles these asbestos lawsuits and asbestos lawsuits, new developments take place all the time. One of the most important legal developments is the decision Lubbe v. Cape Plc. This set a precedent allowing victims to sue multinational corporations in their home countries for compensation.

These cases typically involve secondary asbestos exposure. This happens when workers who work with asbestos on the job pass it to their spouses or children living at home. The family members then suffer from mesothelioma or other asbestos-related diseases.

This kind of case is the basis for many lawsuits filed by families of victims of asbestos today. Asbestos lawyers can help families bring a case against the responsible parties for the asbestos injuries of their loved family members.

Another major advancement in asbestos litigation is the emergence of class action lawsuits. These asbestos lawsuits provide victims the chance to seek justice through the assistance of an attorney who is familiarized with the complex legal issues that these cases raise.

While asbestos lawyers have pushed for this kind of litigation, there are some who oppose it. In fact, there have been several attempts to pass legislation restricting the use of class actions in asbestos cases.

The most recent major advancement in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies concerning how they handled asbestos removal and disposal. The lawsuit alleged the companies in violation of state law by not properly disposing of asbestos and failing residents from the harmful dust.

Asbestos litigation has been going on for a long time, and it's likely that it will continue to be throughout the years to come. The asbestos industry has tried to avoid responsibility through legal arguments that are technical, and by trying to pass legislative solutions that would prevent victims from seeking justice. It seems that many victims, and their lawyers are determined to see justice done.