Perspectives in the development of asbestos litigation and its future implications
Perhaps nothing in the history of American litigation has been as costly and cumbersome to deal with as the asbestos litigation which began effectively in 1977. Since that time, reports indicate that between 20,000 and 30,000 separate asbestos lawsuits have been filed in state and federal courts in the US seeking remedies for individuals allegedly injured in some fashion through inhalation of asbestos fibers. Although many of the exposures in these lawsuits evolved out of industrial and occupational settings, each action is a direct tort lawsuit as opposed to a suit by an employee for workers' compensation. It is easy to suspect that an additional 15,000 to 25,000 cases have been filed seeking workers' compensation. More than 300 companies have been named as defendants in the tort action, running the gamut from suppliers of raw product fiber to the ultimate consumer. Because many of the figures surrounding expenses and liability payments are closely protected, knowledgeable sources suggest that hundreds of millions of dollars or more have been spent to date. It is the purpose of this paper to attempt to discuss some of the salient factors involved in the development of the litigation which, as clearly understood, may provide a basis for prevention of such litigation in various industrial groups or specific product categories.
- Research Organization:
- Partner, Freeman and Hawkins, Atlanta, GA
- OSTI ID:
- 6940251
- Journal Information:
- Am. Ind. Hyg. Assoc. J.; (United States), Journal Name: Am. Ind. Hyg. Assoc. J.; (United States) Vol. 47:11; ISSN AIHAA
- Country of Publication:
- United States
- Language:
- English
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54 ENVIRONMENTAL SCIENCES
AIR POLLUTION
ASBESTOS
BIOLOGICAL EFFECTS
BODY
COST
FIBERS
INDOOR AIR POLLUTION
INDUSTRIAL MEDICINE
INHALATION
INJURIES
INTAKE
LAWSUITS
LEGAL ASPECTS
LUNGS
MEDICINE
OCCUPATIONAL DISEASES
OCCUPATIONAL SAFETY
ORGANS
POLLUTION
RESPIRATORY SYSTEM
SAFETY
WORKING CONDITIONS