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Rise in Asbestos Related Litigation – Who is Responsible?

Since 1994, the judicial system has seen a significant increase in the number of civil lawsuit cases involving mesothelioma. These cases involving disease of mesothelioma fall under the category of asbestos litigation and entails injuries incurred from the exposure to asbestos.

One of the first success stories for environmental protectionist was the fight against asbestos inhalation in 1970. The pressure applied by these activist lead to the Clean Air Act of 1970 as a direct result of manufacturers unwillingness to provide protection for their customers and employees exposed to asbestos although they were fully aware of its side effects. This act has made these manufactures liable to pay compensation to individuals who have developed asbestos related health problems.

Asbestos Litigation

The effects of asbestos inhalation takes a long time to appear at which time the damage is already done and is irreversible. Although the Clean Air act was passed way back in 1970, the effects of the disease is just being felt. As a result, there has been a sharp increase in asbestos related claims. Proving your case is sometimes difficult as these manufactures have well-oiled legal teams to protect them from these mesothelioma lawsuits based on their projections for peaks in lawsuits. Most individuals have to combine their efforts in the form of past employee and community groups where they can pool their financial resources to solicit the services of lawyers who can counter these high profile company lawyers.

Asbestos Litigation Statistics

Since the passing of the 1970 Clean Air act, asbestos litigation has undergone many changes. Estimates show that over the years, over 100 million Americans have been exposed to asbestos in one form or another. The case brought against asbestos producers was one brought against eleven manufacturers in 1966 by employees exposed to asbestos while on the job. Since 2002, more than 720,000 individuals have filed asbestos related claims against over 8400 entities at a cost of over $70 billion.

This in itself has created new problems for asbestos related disease sufferers as many of these companies immediately file for bankruptcy once they have been made liable for asbestos related compensation. As a result, much asbestos litigation has now been transferred to the bankruptcy court.

Proposed Asbestos Litigation Reform

Because of the many cases brought against the original manufacturers of asbestos, many of these companies have now ceased their operation. This leaves current asbestos exposure victim with a dilemma of who to hold responsible for their exposure. As a result, there is now a new proposal to hold peripheral companies who have relationships with these asbestos manufactures to assume some responsibility for continued expose to asbestos.

This is supported by the view that the worst is yet to come relating to the after effects of asbestos exposure. Many individuals are not aware of their condition until some 25 to 30 years after exposure.

However, this proposal has been facing stiff resistance from companies and the government alike. Many of these manufactures have connections in congress that protect their interest. As a result, the attempt to introduce to congress the Fairness in Asbestos Injury Resolution Act of 2005 that would have created a $140 billion fund for asbestos exposure victims has been declared dead as since then there has not been a credible replacement.

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