20 Fun Infographics About Asbestos Lawsuit History

Asbestos Lawsuit History

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

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

The First Cases

Asbestos, a dangerous mineral, has afflicted and killed thousands throughout 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 site of buildings that contain asbestos. It could also include people who were exposed asbestos through household products like talcum powder.

Exposure to asbestos can trigger many different diseases which include mesothelioma, lung cancer and other respiratory issues. Many people have received compensation for their injuries, even though some of these diseases can be fatal. This is largely because most countries have laws that require companies who create dangerous substances to inform people who might be injured by them.

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

In the years that followed, more and more asbestos lawsuits were filed. Asbestos litigation became a very broad area of law and many lawyers started to specialize in asbestos litigation. This meant that they took on the most serious cases. One firm that was involved in this was Kazan Law, which in the latter half of the 1980s began to concentrate on bringing cases on behalf of mesothelioma patients.

Other lawsuits were won by individuals who suffered from other asbestos-related diseases like asbestosis or pleural plaques. The condition that caused them was similar to the mesothelioma, and therefore simpler to prove for lawyers. These claims led to the release of secret documents which showed how asbestos manufacturers tried to hide the risks they carry. This led to the Asbestos Ban and Phase Out Rule being issued in 1989.

The Second Case

As the number of people diagnosed with asbestos-related illnesses grew, the victims and their families began to file lawsuits against companies that mined, manufactured or sold asbestos-containing products. Mesothelioma sufferers also filed claims against the companies that designed and constructed the structures that they worked in including shipyards, power plants, and refineries. The correlation between asbestos exposure and the development of mesothelioma is strong.

In the early 1980s the legal litigation over asbestos lawsuits grew more ferocious, and courts began to rule on a variety of aspects of case processes. For example a federal court decided that only those suffering from malignant asbestos-related illness such as mesothelioma, or lung cancer are eligible to bring a lawsuit against the manufacturers of the asbestos products they employed. This ruling, also referred to as Borel V. Fibreboard Paper Products Corp. was a major setback in asbestos litigation.

At the same time, Nellie Kershaw from Rochdale in England filed what is regarded as the first well-known lawsuit against asbestos companies. Kershaw, an employee in a factory in Rochdale in England, was diagnosed with lung problems caused by her frequent exposure to asbestos fibers in raw form. She tried to get her employer to cover the cost of treatment. The company was unable to pay. Kershaw died at 33 years old of lung fibrosis.

The second wave of asbestos-related cases focused on those who worked in construction sites and were exposed to various types of asbestos-containing building products including fireproofing sprays textures and drywall products. Asbestos lawyers also filed successful cases against companies who produced equipment that contained asbestos attorney-containing materials, such as pumps and boilers.

During this period, numerous documents incriminating asbestos companies were uncovered. These documents showed their involvement in fraud and conspiracies. The documents included the personal files of Johns-Manville President Sumner Simpson and correspondence from the general attorney of another asbestos producer, Raybestos Manhattan. These documents revealed the plot of these companies to cover up the fact that asbestos was dangerous and to deflect efforts to inform the public about the dangers.

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

The Third Cases

In the 1970s, asbestos-related companies were no longer able to cover up the dangers of asbestos-related diseases such as mesothelioma from people. This was due to the fact that the connection between asbestos and diseases such as mesothelioma, asbestosis and other respiratory problems started receiving attention from major national publications instead of small medical journals or industry newsletters. After the links between asbestos and serious illnesses were well-established, victims began filing lawsuits against asbestos manufacturers.

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

In the wake of this ruling, a number of asbestos-related companies have filed for bankruptcy, a process that allows a business to be reorganized in bankruptcy court, set funds aside in trusts to pay asbestos claims, and continue to continue to operate. Johns-Manville was a particularly notable example, as it was slammed with a variety of lawsuits brought by former workers who suffered from asbestosis, lung cancer and mesothelioma. 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 growing number of people suffering from asbestos-related illnesses. Asbestos cases can be complicated, as the illnesses that they cause can take a long time to manifest and aren't always obvious to those 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 liable. The US Supreme Court has addressed several cases in which asbestos companies tried to limit their liability by offering settlements in class action. It also has discussed whether individual defendants can be held liable for asbestos related injury.

The Fourth Case

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

As the legal system handles asbestos lawsuits new developments are taking place every day. One of the most significant 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 for compensation.

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

This kind of case is the basis for a variety of lawsuits brought by the families of victims of asbestos today. asbestos attorneys [click here now] can help families bring a claim against the responsible parties for the asbestos-related injuries suffered by their loved ones.

Another significant change in asbestos litigation is the increase in class action lawsuits. These asbestos lawsuits permit victims to pursue justice with the help of a lawyer familiar with the complex legal issues that these cases present.

While many asbestos attorneys have pushed for this kind of litigation, there are also certain people who do not support it. In fact, there have been several attempts to pass legislation to limit the use of class actions in asbestos cases.

The most recent major development in asbestos litigation was the filing of a lawsuit filed by Massachusetts residents against four companies over the way they handled asbestos abatement and disposal. The lawsuit claimed that the companies in violation of state law by not disposing asbestos properly and failing residents from toxic dust.

Asbestos litigation has been a long-running issue that is likely to continue for a long time. The asbestos industry has tried to avoid responsibility by bringing up technical legal arguments and by attempting to pass legislative solutions which would stop victims from seeking justice. But, it appears that a lot of victims and their attorneys are determined to see justice done.