Asbestos was a widely used building material in the final years of the nineteenth and the early years of the twentieth century. Unfortunately people at the time did not realize the health risks posed by asbestos, particularly to industry workers who came into regular contact with the material. In the 1920s the disease of asbestosis was first identified, and the link with asbestos was firmly established. It is now known that other diseases including mesothelioma, various cancers and pleural plaques are also linked to asbestos.
There have been many successful legal actions taken by people who were exposed to asbestos, both in the workplace, elsewhere in the environment, and even by secondhand contact with asbestos workers. These diseases may take many years to develop, and it is anticipated that asbestos and mesothelioma claim will be made for many years to come.
Nellie Kershaw, a worker in the English textile industry, was the first person known to die from asbestosis. Her death, in 1924, led to the identification of a new illness in the medical literature. Neither Kershaw, nor any of her surviving relatives, were compensated as at the time the employer denied the actual existence of asbestosis.
Nevertheless the case of Nellie Kershaw was highly influential as the inquest into her death led to the setting up of an official UK government inquiry. This formally recognized asbestosis as a disease, definitively linked it to the inhalation of asbestos dust, and led to government safety regulations being issued in 1932.
Since the nineteen thirties, asbestos and mesothelioma claims have been pursued in many courts in many jurisdictions around the world. Currently the largest ever case is in progress in the US. There are more than 600,000 claimants, and 6000 defendants.
The diseases associated with asbestos can occur many years after the exposure to asbestos fibers. For asbestosis a latency period of 10-20 years has been reported, for mesothelioma the latency is often 20-50 years. This can cause problems in legal cases with apportioning liability. The patient may have been exposed to asbestos in several different workplaces, and it is impossible to identify which one caused the disease.
A second issue is that in some countries there is a time limit for claiming compensation for personal injuries. The disease may not have manifested itself until after the time limit has expired. Australia, and some other countries, have amended laws to state that the time limit will be from the onset of the disease, rather than from the exposure to asbestos.
A very large number of people are already dying from asbestos related diseases. In the UK the trades union estimate 5000 deaths per year. In the US the estimate is 10,000 per year, which means one death in 125 men over the age of 50 is caused by asbestos. It is further expected that the death toll will continue to rise in the next decade, and in the courts asbestos and mesothelioma claims will also increase. Many of the companies which have large exposure to liability in asbestos cases have been obliged to file for bankruptcy.
There have been many successful legal actions taken by people who were exposed to asbestos, both in the workplace, elsewhere in the environment, and even by secondhand contact with asbestos workers. These diseases may take many years to develop, and it is anticipated that asbestos and mesothelioma claim will be made for many years to come.
Nellie Kershaw, a worker in the English textile industry, was the first person known to die from asbestosis. Her death, in 1924, led to the identification of a new illness in the medical literature. Neither Kershaw, nor any of her surviving relatives, were compensated as at the time the employer denied the actual existence of asbestosis.
Nevertheless the case of Nellie Kershaw was highly influential as the inquest into her death led to the setting up of an official UK government inquiry. This formally recognized asbestosis as a disease, definitively linked it to the inhalation of asbestos dust, and led to government safety regulations being issued in 1932.
Since the nineteen thirties, asbestos and mesothelioma claims have been pursued in many courts in many jurisdictions around the world. Currently the largest ever case is in progress in the US. There are more than 600,000 claimants, and 6000 defendants.
The diseases associated with asbestos can occur many years after the exposure to asbestos fibers. For asbestosis a latency period of 10-20 years has been reported, for mesothelioma the latency is often 20-50 years. This can cause problems in legal cases with apportioning liability. The patient may have been exposed to asbestos in several different workplaces, and it is impossible to identify which one caused the disease.
A second issue is that in some countries there is a time limit for claiming compensation for personal injuries. The disease may not have manifested itself until after the time limit has expired. Australia, and some other countries, have amended laws to state that the time limit will be from the onset of the disease, rather than from the exposure to asbestos.
A very large number of people are already dying from asbestos related diseases. In the UK the trades union estimate 5000 deaths per year. In the US the estimate is 10,000 per year, which means one death in 125 men over the age of 50 is caused by asbestos. It is further expected that the death toll will continue to rise in the next decade, and in the courts asbestos and mesothelioma claims will also increase. Many of the companies which have large exposure to liability in asbestos cases have been obliged to file for bankruptcy.
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