Texas Asbestos Lawsuit History
Asbestos lawsuits have led to the bankruptcy of several companies. A mesothelioma lawyer can help you get compensation.
Doctors and health experts long warned of the dangers of asbestos exposure. But, some industry leaders minimized the dangers. As time passed, asbestos-related illnesses became more prevalent.
The Third Case
Asbestos litigation began to take off in the 1970s after studies by scientists began to link asbestos to serious illnesses such as mesothelioma or asbestosis. Because asbestos-related diseases don't typically show symptoms until decades after exposure, tens of thousands of lawsuits were filed. These lawsuits were filed in Texas because of its favorable laws.
Johns Manville was the leading producer in the 1940s and 1950s of asbestos products. This case had a major impact on asbestos litigation. In the 1980s, it was revealed that Lewis Brown, the CEO of the company, placed profits over the health and safety of his employees. Deposition testimony revealed that he was heavily influenced by the company's chief medical advisor Dr. Russell Budd. Budd was a doctor who was famous for his indifference for the health of employees was a well-known persona.
Johns Manville was found to have been aware of asbestos' dangers however, they failed to take any action to protect their workers. The court declared that the company was liable for damages if workers later develop mesothelioma, or other asbestos-related diseases. The court also held that the company was liable for damages to the families of employees who passed away.
Following the decision in Borel many asbestos-related victims and their families demanded compensation from the companies that made use of asbestos as a material. Unfortunately, most of these claims were denied due to different reasons. Certain cases were allowed be heard and the courts drafted guidelines for the handling of asbestos-related suits.
In the 1990s asbestos defendants continued to seek legal rulings to limit their liability. For example, they sought to argue that the asbestos materials were not part of their product and therefore should not be held liable for injuries suffered by those who worked with them. The claims were not successful, and the U.S. Supreme Court refused to accept the "asbestos product" defense.
Today, a mesothelioma victim's right to seek compensation from the responsible parties in a case is protected under state and federal law. asbestos class action lawsuit Insurance companies continue to fight these claims.