History of Asbestos Litigation

History of Asbestos Litigation

The history of successful asbestos litigation begins with plaintiff Clarence Borel. The case of Borel v. Fibreboard Paper Products Corporation became a landmark lawsuit, setting the stage for decades of asbestos litigation. Borel's decision to sue and his ultimate victory gave people exposed to asbestos a new legal path for their grievances and helped shape a national awareness of the dangers of asbestos.

1964Asbestos Proven to Cause Lung Damage and Disease

In 1964, the medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.

1965Tort Laws Pave The Way for Asbestos Litigation

A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone "who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user." It went on to explain that this would not include unsafe products as long as they were "accompanied by proper directions and warning." When the court decided that asbestos manufacturers knew about the dangers of asbestos exposure, but failed to appropriately warn asbestos workers, the floodgates opened for what soon became the largest collection of tort litigation lawsuits in American history.

1969First Asbestos Lawsuit Filed

Beginning in 1936, Borel, a husband and father of six, worked in the shipyards and oil refineries along the Texas-Louisiana border. In the winter of 1969, he was diagnosed with an advanced case of asbestosis. That spring, Borel filed a workers' compensation claim for injuries suffered on the job. He eventually settled the claim for a little more than $13,000. In the fall of 1969, he visited a lawyer about seeking further compensation in the courts to pay for ongoing medical care and to provide for his family. His attorney, Ward Stephenson, filed a lawsuit in the Eastern District of Texas against 11 asbestos manufacturers across the U.S., seeking $1 million in damages.

Borel v. Fibreboard Paper was decided for the plaintiff in 1973, but Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.

1982-PRESENTTort Litigation for Asbestos Exposure Continues to Grow

Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries.

Between 1982 and 2002, the number of asbestos claimants increased from 1,000 to 730,000 while the total number of companies sued went from 300 to 8,400. Some analysts predict that the number of asbestos filings will ultimately top 1 million. As of 2013, the number of asbestos defendants had grown to more than 10,000 companies.