The First Groundbreaking Asbestos Related Lawsuit

Published: 24th February 2011
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Asbestos related litigation is linked to asbestosis, the deadly malignant mesothelioma, and a number of other diseases that are caused by the inhalation or swallowing of asbestos particles. The history of asbestos litigation is full of corporate lies, deceit, and backroom deals that were aimed to keep the public in the dark about how serious a health risk exposure to asbestos is.



Asbestos had been used in a huge amount of commercial products for many decades before the general public became aware of its cancer causing properties. Even though public awareness began in the 1960s many of the asbestos manufacturers as well as the scientific community had been aware of the health problems that are associated with asbestos for at least the previous three decades.



Important information was kept hidden from the public for around thirty years. During those decades a lot of people suffered and died because they were exposed to asbestos in their work environment.



A Groundbreaking Lawsuit Is Filed




In December 1966 the first asbestos related lawsuit was filed by Claude Tomplait against Johns-Manville.



Tomplait, who lived in Lake Charles, Louisiana, was an asbestos worker who was diagnosed with asbestosis. This disease often leads to malignant mesothelioma.



Tomplait's lawsuit was filed against eleven companies that manufactured insulation products that contained asbestos.



His lawsuit made the claim that the defendants either knew - or should have known - that the products they were manufacturing were harmful and that they failed to warn him as well as others about the risks. Therefore his allegation was a failure to warn.



This first asbestos related litigation ended with diverse results. Ultimately a settlement was reached with 5 of the 11 defendants. The other 6 were either found not liable or were dropped from the lawsuit.



However, the results of this particular lawsuit had much wider repercussions. It paved the way for thousands upon thousands of additional asbestos related lawsuits that alleged failure to warn of the dangers of asbestos. Hundreds of companies that manufacture products that contain asbestos are still feeling the consequences of the first asbestos related litigation today.




A decade ago a RAND Institute for Civil Justice report revealed that half a million people had initiated claims related to the dangers of asbestos and that forty one or more of the defendant corporations had become bankrupt because of the costs of litigation. A Best's Review article in September 2001 estimated that eventually the total cost of asbestos lawsuits and claims would be $275 billion.





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Next, to find a mesothelioma law firm go to http://www.sokolovelaw.com/legal-help/mesothelioma-law-firm/index



Wendy Moyer on behalf of Sokolove Law.

This article is free for republishing
Source: http://wendymoyer.articlealley.com/the-first-groundbreaking-asbestos-related-lawsuit-2068620.html


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