BorgWarner

Highest-Risk Occupations

BorgWarner sold its asbestos-containing auto parts to carmakers and as aftermarket replacements. Anyone who worked closely with these parts, whether manufacturing, installing, repairing, or removing them, faces a high risk of developing an asbestos-related illness like mesothelioma.

Who Is at Highest Risk for Exposure?

Any amount of asbestos exposure can be dangerous, but regular long-term exposure carries the highest risks. Individuals exposed to asbestos on the job, particularly those who worked in poorly ventilated spaces where asbestos fibers could remain airborne for hours, are especially vulnerable. 

Auto Mechanics

Auto mechanics faced massive dangers from grinding and replacing BorgWarner’s asbestos-laden brake pads and clutches, actions that released significant amounts of asbestos fibers into the air. Poor ventilation in repair shops amplified the effects of exposure, causing thousands to develop asbestos-related illnesses. 

Factory Workers

Factory workers at BorgWarner plants inhaled asbestos dust during production, inspection, and assembly. The company often exceeded OSHA limits, as documented in a 1972 study, causing severe respiratory damage to workers. Prolonged exposure led to numerous cases of asbestosis and mesothelioma directly associated with workplace hazards.

U.S. Military Veterans

U.S. military veterans were exposed to asbestos-containing BorgWarner parts while servicing vehicles and equipment, inhaling dangerous fibers during repairs. Veterans account for almost a third of all mesothelioma cases diagnosed every year. 

Family Members Exposed to Secondhand Asbestos

Asbestos fibers often traveled home on workers’ clothes, skin, and hair. Family members of asbestos workers exposed to secondhand or “take-home” asbestos during household chores like laundry may be eligible to pursue compensation in their own right. Bereaved family members who have lost a loved one to asbestos exposure may be eligible to file a wrongful death lawsuit.

BorgWarner Asbestos Products

Despite growing knowledge of the dangers it posed to human health and the environment, BorgWarner included asbestos in its products for roughly 60 years, from 1928 until 1989. 

BorgWarner sold its asbestos-containing car parts internationally to major automotive companies, including GM, Chrysler, and Ford. They also sold their products as aftermarket replacement parts, further expanding their exposure.

Top Asbestos-Containing Products

• Automatic transmission components
• Brake linings
• Clutch assemblies
• Transmission bands
• Clutch facings
• Clutch plates
• Disc brake pads

Securing Compensation From BorgWarner

BorgWarner wasn’t alone in its use of asbestos. Many 20th-century manufacturers used it because it was affordable and convenient, ignoring its potential for harm. If you or a loved one worked with or around asbestos-containing BorgWarner products and has developed an asbestos-related disease, you may be entitled to compensation. 

Due to the widespread use of asbestos, many victims are eligible to pursue compensation from multiple companies or from other sources such as VA benefits or workers’ compensation. We can help you determine your eligibility for compensation and learn about the full scope of your claim value for free. Contact us today for your free evaluation.

Filing a Lawsuit

Despite facing over 20,000 asbestos claims, BorgWarner has never declared bankruptcy and does not operate a trust fund. Instead, eligible victims and their families can pursue compensation through an asbestos lawsuit.

There are two primary lawsuit types that victims can use to seek legal compensation:

• Personal injury lawsuit: This allows living victims of asbestos exposure to seek compensation for their losses.
• Wrongful death lawsuit: This allows the dependents or family members of deceased asbestos exposure victims to recover damages for the loss of their loved one.

Key Requirements to File

• Diagnosis: Claimants must have a diagnosis of an asbestos-related illness (such as mesothelioma, lung cancer, or asbestosis) OR proof of a wrongful death from an asbestos-related illness. 
• Proof of exposure: Claimants must have documentation linking the victim’s illness to asbestos exposure from BorgWarner through employment or use of their products. 
• Statute of limitations: Potential claimants have a limited time to file a claim. Deadlines vary by state, with most averaging just two to three years, so it’s critical to move quickly.

Notable Lawsuits Against BorgWarner

Like many asbestos companies, BorgWarner often keeps the details of its asbestos claim resolutions private. In many instances, the company settles claims out of court for undisclosed amounts. For example, in 2005, BorgWarner resolved 38,000 mass tort actions, lawsuits involving large groups of claimants. The following year, it settled another 27,000 cases.

However, some individual claims proceed to trial. If you’ve been diagnosed with an asbestos-related disease linked to BorgWarner asbestos exposure, we can provide you with a free case assessment. Getting started takes just a few minutes.

BorgWarner’s Involvement With Asbestos

BorgWarner manufactured car chains, transmission components, turbochargers, automatic and manual transmissions, and clutches, which it sold to carmakers and as aftermarket replacement parts. The company used asbestos from its inception in 1928, intensifying its use in the 1960s. 

The company valued asbestos as a cost-effective way to enhance the durability and heat resistance of its products. Despite widespread knowledge of the dangers of asbestos exposure, BorgWarner continued to use it as an additive until 1989, when it was finally phased out.

Despite its significant asbestos liabilities, BorgWarner continues to operate today as a major American automotive parts manufacturer.

Trouble With the SEC

In August 2020, the Securities and Exchange Commission (SEC) settled charges against BorgWarner, Inc. for materially misrepresenting its financial statements by failing to account for millions of dollars in asbestos liabilities.

Between 2012 and 2016, the company failed to report $703.6 million in liabilities related to future asbestos claims. According to the SEC, the discrepancy resulted from BorgWarner’s failure to conduct any substantive quantitative analysis to estimate these asbestos claims despite possessing nearly 40 years of historical raw claims data.

The SEC charged BorgWarner with violating reporting, books and records, and internal accounting controls provisions of federal securities laws. Although it neither admitted nor denied the findings, BorgWarner agreed to pay a $950,000 penalty and implement measures to prevent future violations.

Contact Us for a Free Case Assessment

Companies like BorgWarner prioritized profits over people, failing to take the necessary steps to protect employees and consumers. Its negligence put thousands at risk for life-threatening illnesses like mesothelioma and lung cancer. 

If BorgWarner asbestos products or activities injured you or someone you love, you may be eligible for compensation. Our legal partners at Meirowitz & Wasserburg offer decades of combined experience in holding negligent asbestos manufacturers, such as BorgWarner, accountable—delivering personalized representation to clients with no out-of-pocket expenses.

We’re here to help. Contact us today for a free case evaluation to determine your eligibility.

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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