Texas Asbestos Lawsuit History
Many companies have been bankrupt because of the asbestos lawsuits filed by the victims. A mesothelioma lawyer can help you get compensation.
Experts in the field of health have warned for years about the dangers of asbestos exposure. But, some industry leaders minimized the dangers. As time went on, asbestos-related diseases became more common.
The Third Case
Asbestos lawsuits really took off in the 1970s after studies by scientists began to connect asbestos with serious diseases like asbestosis or mesothelioma. Thousands of lawsuits were filed due to the fact that asbestos-related diseases do not usually exhibit symptoms until decades after exposure. These lawsuits were filed in Texas because of its favorable laws.
Johns Manville was the leading producer during the 1940s and 1950s of asbestos products. This case had a major impact on asbestos litigation. In the 1980s, it was discovered that Lewis Brown, the CEO of the company, placed company profits before the safety and health of his employees. In his deposition, he admitted to being heavily influenced by Dr. Russell Budd, the chief medical advisor of his company. Budd, a doctor who was known for his smug disregard for the health of employees was a well-known character.
The evidence showed that Johns Manville knew about the asbestos hazards but did not take any action to protect its workers. The court declared that the company was responsible for any damages that occur if employees later develop mesothelioma, or other asbestos-related diseases. The court also ruled that the company was liable for the family members of deceased workers.
After the decision in Borel many asbestos victims and families asbestos poisoning lawsuit sought compensation from the companies that made use of the material. The majority of the claims were denied due to a variety of reasons. A few cases were allowed to proceed and the courts came up with up a series of guidelines that have governed the handling of asbestos-related lawsuits.
In the 1990s, asbestos defendants were still seeking legal rulings to limit their liability. For instance they wanted to argue that asbestos materials were not part of their product and therefore should not be held liable for injuries suffered by those who worked with asbestos. The claims were rejected and the U.S. Supreme Court rejected the "asbestos products" defense.
Federal and state laws protect the rights of a mesothelioma patient to seek compensation for their condition from the parties accountable in a particular case. However insurance companies continue combat these claims tooth and nail.