Texas Asbestos Lawsuit History
Asbestos lawsuits have led to the bankruptcy of many businesses. Gresham asbestos attorneys can assist you in obtaining compensation.
Experts in the field of health have warned for decades about the dangers of asbestos exposure. But, some industry leaders minimized the risks. As time passed, more and more people fell ill with asbestos-related ailments.
The Third Case
Asbestos lawsuits really took off in the 1970s, when studies by scientists began to link asbestos with serious illnesses like mesothelioma or asbestosis. Tens of thousands of suits were filed as these diseases don't usually manifest for years after exposure. A majority of these lawsuits were filed in Texas where favorable laws made it a preferred location for this inferno of litigation.
One of the most important cases that shaped asbestos litigation was Johns Manville, the leading producer of asbestos-related products during the 1940s and 1950s. In the 1980s, it was discovered that Lewis Brown, the CEO of the company, put profits over the safety and health of his employees. The testimony of a deposition revealed that Brown was heavily influenced by his company's chief medical advisor, Dr. Russell Budd. Budd was an expert in his field who was known for his indifference to the health of employees.
Johns Manville was found to be aware of the dangers associated with asbestos, but did not take any action to protect their workers. The court ruled that the company was liable for damages to workers who later developed mesothelioma or other asbestos-related illnesses. The court also determined that the company was liable for the families of deceased workers.
Following the decision in Borel many asbestos-related victims and their families demanded compensation from the companies that used asbestos as a material. Most of these claims were rejected due to a variety of reasons. A few cases were allowed to proceed and the courts set up a series of guidelines that have guided the handling of asbestos-related lawsuits.
In the 1990s asbestos defendants were still seeking legal rulings to limit their liability. For example, they sought to argue that the asbestos materials were not part of their product and therefore could not be held responsible for injuries suffered by those who worked with asbestos. These arguments were rejected and the U.S. Supreme Court refused to uphold the "asbestos product" defense.
Today, mesothelioma victims' right to pursue compensation from parties responsible in a case is protected by state and federal law. However insurance companies continue to combat these claims with a hammer and a sledgehammer.