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Texas Asbestos Lawsuit History
Asbestos lawsuits have resulted in the bankruptcies of a number of businesses. A knowledgeable mesothelioma lawyer will assist you in obtaining compensation.
Experts in the field of health have warned for years about the dangers asbestos exposure. Yet, industry leaders downplayed the risks. As time passed, asbestos-related illnesses became more common.
The Third Case
Asbestos lawsuits began to take off in the 1970s, when scientific studies started to link asbestos with serious illnesses such as asbestosis or mesothelioma. Since Oceanside asbestos attorney don't develop symptoms until decades after exposure, tens of thousands of lawsuits were filed. Many of these claims were brought in Texas where favorable laws made it a preferred location for this litigation saga.
Johns Manville was the leading producer in the 1940s & 1950s of asbestos products. This case had a major impact on asbestos litigation. In the 1980s, it came to be known that the company's chief executive Lewis Brown prioritized company profits over the health of his employees. In his deposition testimony, Brown admitted to being heavily influenced by Dr. Russell Budd, the chief medical advisor to his company. Budd was an expert in his field who was known for his indifference to the health of employees.
The evidence revealed that Johns Manville knew about the dangers of asbestos and did nothing to protect its workers. The court found that the company is liable for damages if workers later develop mesothelioma or other asbestos-related illnesses. The court also held the company liable for damages for the families of deceased employees.
After the decision in Borel, many asbestos victims and their families sought compensation from companies who used asbestos as a material. Unfortunately, the majority of claims were dismissed for a variety of reasons. Some cases were permitted to proceed, and the courts drew up a set of guidelines that have guided the handling of asbestos-related lawsuits.
In the 1990s asbestos defendants still sought legal rulings to limit their liability. They wanted to be able argue that asbestos materials were not component of their product and therefore they shouldn't be held accountable for injuries caused by people who worked with asbestos. These arguments were rejected, and the U.S. Supreme Court refused to uphold the "asbestos product" defense.
Today, a mesothelioma victim's right to seek compensation from parties responsible in a case is protected under federal and state law. Insurance companies continue to fight these claims.