Kazan Law

Aren't trial lawyers just ambulance chasers; are you?

Many people are skeptical about trial lawyers in general, and sometimes about asbestos litigation as well. We've heard people say things like, "Back then those asbestos companies didn't know any more about asbestos hazards than anyone else did," and, "asbestos was banned so many years ago - how come so many people are suing now?" and, "I know someone who got some money and he isn't even sick!"

The Firm cannot defend - and would not want to defend - the actions of every trial lawyer and client. We have our own standards and we live up to them. But the following facts and legal principles are at the heart of asbestos litigation:

  • At least by the early 1930s, certain people in the asbestos industry knew that asbestos caused fatal lung disease in humans.
  • Many companies in the asbestos industry conspired from the 1920s to the 1960s to keep knowledge about the dangers of asbestos hidden from the public and from workers who were exposed to asbestos in the course of their work.
  • Through the 1960s many companies in the asbestos industry portrayed asbestos as a harmless "miracle" substance that brought "quality" to the products that contained it - even though they knew it was dangerous and knew that safe alternatives were readily available.
  • Companies that manufacture, distribute and sell products in the marketplace have at least a legal responsibility, if not a social and moral responsibility, to ensure that their products are safe for their intended uses, and to give people who come into contact with them effective warnings if they are not safe.
  • Similarly, employers and the owners of property have a responsibility to ensure that their work sites and premises are not dangerous.
  • Many years can pass between exposure to asbestos and development of an asbestos-related disease. Therefore we are still facing the consequences of earlier workplace practices and policies.
  • Because huge quantities of asbestos were used in many different products over the course of many decades, and because of the long period of time that passes before asbestos disease shows itself, many people are still succumbing to asbestos-related diseases.
  • The U.S. legal system allows aggrieved individuals to present their cases to a jury that is empowered to decide on compensation and, if applicable, an award intended to deter future instances of grievous misconduct.
  • We believe that people with serious illnesses and disabilities caused by exposure to asbestos have a right to compensation, that common decency requires those who cause such harm to pay for what they have done, and that our honest, ethical and responsible legal representation can bring fair compensation to our clients at the expense of those responsible. We call this justice.

People have written books about each of these points and no one wants to read a book on a website. Instead, here are some sources of further information about these topics:

  • Paul Brodeur - Outrageous Misconduct: the asbestos industry on trial; New York, Pantheon, 1985 (first appeared in The New Yorker in 1985)
  • Barry Castleman and Stephen L. Berger - Asbestos: Medical and Legal Aspects; Englewood Cliffs, NJ, Prentice Hall, 1996, 4th edition
  • Bill Ravenesi - Breath Taken: The Landscape and Biography of Asbestos; Boston, Center for Visual Arts in the Public Interest, 1991

The Firm rarely recommends suing the employer in a third party civil case, however, it is often a good idea to file a claim for workers' compensation. Employers are required by law to have workers' compensation insurance.

In many cases the employer is not really at fault, but is required to insure against workplace injuries. Usually the employer is entitled to get any benefits paid to an employee reimbursed by the defendants in the third party case, and is therefore very cooperative with us.

In rare circumstances you are permitted to file a third party lawsuit against your employer. We would discuss this matter with you before suing, and the choice of what to do would remain yours.