Is Technology Making Asbestos Lawsuit History Better Or Worse

Asbestos Lawsuit History

Lawyers like Stanley Levy have helped many asbestos victims. People with mesothelioma and other asbestos-related illnesses can sue companies that produced, mined or used asbestos or asbestos-containing products.

The first asbestos lawsuit was filed by Nellie Kershaw. She worked in a plant that spun asbestos lawyer fibers in England and developed health issues. She died at the age of 33 due to fibrosis in her lungs, caused by asbestos exposure.

The First Cases

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

Exposure to asbestos can lead to a variety of diseases which include mesothelioma, lung cancer and other respiratory ailments. While some of these illnesses are very serious and can be fatal, many people have been able to receive compensation for their injuries. Most countries have laws requiring companies that create dangerous substances warn anyone who may be injured.

The first asbestos lawsuit, filed in 1929, was filed by a woman with the name of Anna Pirskowski. She suffered from shortness of breath and a thickening of the tissue around the fingertip (known as clubbing). She was awarded a settlement of $75,000 in what is believed to be the first class action lawsuit that involved asbestos.

Asbest lawsuits continued to be filed throughout the years that followed. Asbestos litigation became a very vast area of law and many attorneys began to specialize in asbestos litigation. They only took on cases that were important. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to focus on taking on cases for mesothelioma patients.

Other lawsuits were won by those who been diagnosed with other asbestos-related diseases such as asbestosis or pleural plaques. This is because the condition that caused these was very similar to mesothelioma, making it easier for lawyers to prove. These claims led to the release of secret documents that showed the ways asbestos product manufacturers attempted to conceal their risks. In 1989, the Asbestos Ban & Phase Out Rule was issued.

The Second Cases

As the number of people diagnosed with asbestos-related illnesses grew the number of victims and their families 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 lawsuits against the companies who designed and constructed the buildings where they worked like power plants, shipyards, factories and refineries. The link between asbestos exposure and mesothelioma growth is very strong.

In the early 1980s, the legal battles over asbestos lawsuits became more ferocious and courts began to rule on a variety of aspects of the case process. A federal court, for instance decided that only those suffering from asbestos-related malignancies like mesothelioma and lung cancer could bring a lawsuit against the makers of asbestos products. This ruling, dubbed Borel v. Fibreboard Paper Products Corp. is a major setback to asbestos plaintiffs.

At around the same time, Nellie Kershaw, a factory worker from Rochdale, England, filed what is thought to be the first well-known legal case against asbestos-related companies. Kershaw, factory worker from Rochdale in England, was diagnosed with lung issues caused by her frequent exposure to raw asbestos fibers. Kershaw tried to convince her employer to cover the cost of treatment. But, the company was unable to agree. Kershaw died at the age of 33 from fibrosis of her lungs.

The second wave of asbestos-related cases focused on workers who worked at construction sites and were exposed kinds of asbestos-containing building materials including fireproofing sprays drywall materials and textures. Asbestos Lawyer lawyers also prevailed in lawsuits against companies who manufactured the equipment that utilized asbestos-containing materials, like pumps and boilers.

During this time, many documents that implicated asbestos companies were discovered. These documents proved their involvement in conspiracies and fraud. The documents included the personal files of Johns-Manville president Sumner Simpson, as well as correspondence from the general counsel of another asbestos manufacturer, Raybestos Manhattan. These documents uncovered the conspiracy of these companies to cover up the fact that asbestos was hazardous and to deflect efforts to inform the public about the dangers.

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

The Third Cases

In the 1970s, asbestos companies were no longer able cover up the dangers of asbestos-related illnesses like mesothelioma 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 illnesses, as opposed to small industry medical journals and newsletters. As soon as the link between asbestos and serious illnesses was well-established, victims began filing lawsuits against asbestos producers.

One of the primary driving factors that led to more asbestos lawsuits in 1970s was a court decision which allowed plaintiffs to apply the legal theory of strict liability. Plaintiffs in asbestos lawsuits used to need to prove that asbestos producers were negligent for exposing them. In the 1973 case Borel v. Fibreboard a judge ruled asbestos manufacturers accountable for any injuries that resulted from their products if they knew that their product was unsafe, but did not warn their employees or the general public about its dangers.

After the ruling, a number of asbestos producers have filed for bankruptcy. This allows a company, even if still in operation, to organize itself in bankruptcy court and put funds into trusts to pay asbestos claimants. Johns-Manville is a notable example. It was hit by many 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 get 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 cases are often complex because the diseases they cause can take decades to manifest themselves and are not always apparent to those who are diagnosed.

In addition certain victims have been forced to wait for years to receive compensation from insurance companies after their employers were found liable. The US Supreme Court has dealt with numerous cases involving class action settlements that asbestos attorneys companies offered in an attempt to limit their liability, and has also looked into the question of whether or not it is possible to hold individuals responsible for asbestos-related injury.

The Fourth Cases

Asbestos, a substance that is extremely harmful has killed and sickened hundreds of thousands of people over the many years. Asbestos was also extensively used by companies who knew it was dangerous yet continued to make use of it.

As the legal system tackles these asbestos lawsuits, new developments are taking place every day. One of the most important legal developments is the ruling Lubbe v Cape Plc. This set an example for asbestos victims to sue multi-national companies in their home countries to recover compensation.

In most cases, these situations involve secondary exposure to asbestos. This occurs when employees who work with asbestos lawyer while on the job transfer it to their spouses or children at home. The family members then suffer from mesothelioma or other asbestos-related illnesses.

Many lawsuits are filed today by the families of victims based on this kind of case. Asbestos lawyers can help families file a claim against the company responsible for their loved ones' asbestos injuries.

The emergence of class-action lawsuits is another major development in asbestos litigation. These asbestos lawsuits give victims the chance to pursue justice with the help of an attorney who is well-versed in the legal issues these cases bring up.

While a lot of asbestos lawyers have pushed for this kind of litigation, there are also some who oppose it. There have been numerous attempts to pass legislation to limit the use of class actions in asbestos lawsuits.

The latest major change in asbestos litigation is the filing a suit by Massachusetts residents against 4 companies for handling asbestos removal and disposal. The lawsuit claimed that the companies violated the law of the state by not disposing of asbestos properly and failing to safeguard residents from the harmful dust.

Asbestos litigation has been a long-running problem that will likely persist for a number of decades to come. The asbestos industry has tried to avoid responsibility through legal arguments that are technical and by trying to pass legislative solutions which would hinder victims from seeking justice. It seems that many victims, and their lawyers, are determined to see justice served.