Home / Asbestos Companies / BorgWarner

BorgWarner

Fact checked and legally reviewed by Daniel Wasserberg, Esq. • Contributor & Legal Advisor

BorgWarner manufactured asbestos-contaminated automotive parts, including clutches, transmission components, and brake systems, from 1928 until 1989, endangering employees and end users nationwide.

If you or someone you love has been diagnosed with an asbestos-related illness following exposure to BorgWarner asbestos products or activities, you may be eligible for compensation.

Apply For Compensation

BorgWarner & Asbestos Exposure

BorgWarner was formed in 1928 through the merger of four separate companies: Borg & Beck, Marvel-Schebler, Mechanics Universal Joint, and Warner Gear. It manufactured car chains, transmission components, turbochargers, automatic and manual transmissions, and clutches, which it sold to carmakers and as aftermarket replacement parts.

Although the company used asbestos from its inception, usage intensified in the 1960s. Like many 20th-century manufacturers, BorgWarner 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 and its significant risks to human and environmental health, BorgWarner continued to use it as an additive until 1989, when it was finally phased out.

Despite its significant asbestos liabilities, BorgWarner remains in operation today as a major American automotive parts manufacturer.

Dangers of Asbestos-Related Diseases

BorgWarner wasn’t alone in its use of asbestos. Many manufacturers utilized it during the 20th century because it was an affordable way to increase product durability and resistance to heat, fire, and chemical corrosion.

Unfortunately, all six varieties of asbestos also present serious risks to human and environmental health. When mined, manufactured, repaired, removed, maintained, or damaged, asbestos particles become airborne, where they may be inhaled or ingested. 

Once they enter the body, asbestos fibers do not break down; instead, they lodge in body tissues, causing irritation, scarring, and DNA changes that can lead to severe illness in victims decades after exposure occurred.

Asbestos-related illnesses include:

• Mesothelioma
• Lung cancer
• Asbestosis 
• Other cancer
• Pleural effusions
• Pleural plaques
• Pleural thickening

Mesothelioma is a rare and aggressive cancer exclusively caused by asbestos exposure. This deadly disease affects the delicate lining of organs such as the lungs, heart, and abdominal cavity. Treatment for mesothelioma is exceptionally costly, with patients facing average out-of-pocket expenses of $400,000 annually. 

Trouble With the SEC

In August 2020, the Securities and Exchange Commission (SEC) settled its charges against BorgWarner Inc. related to the automotive manufacturer materially misrepresenting its financial statements by failing to account for millions 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 did not admit or deny the findings, BorgWarner agreed to pay a $950,000 penalty and implement measures to prevent future violations.

Financial Compensation From BorgWarner

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 victims can use to seek legal compensation:

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

Due to the widespread use of asbestos across numerous professions and industries, many victims are eligible to pursue compensation from multiple companies. Working with a qualified asbestos attorney ensures that you explore all possible avenues of compensation, maximizing your potential award amount. 

Victims may also be eligible for other forms of compensation, including:

• Benefits from the U.S. Department of Veterans Affairs (VA)
• Workers’ compensation
• Treatment grants

Asbestos Lawsuits Against BorgWarner

Like many asbestos companies, BorgWarner often chooses to keep the details of its asbestos claim resolutions private.

In many instances, the company opts to settle 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 do proceed to trial.

Mark Buttitta

Mark died of mesothelioma in 2002 at age 50 due to extensive direct and secondary asbestos exposure from BorgWarner parts. He encountered asbestos during his job as a General Motors warehouse worker, after years of secondary exposure from his father’s work for the same company. 

His widow, Susan, filed a wrongful death lawsuit against BorgWarner and other companies. In 2008, the jury awarded the family $30.8 million.

Arturo Flores

Arturo was a retired brake mechanic who worked in the automotive department at Sears from 1966 until his retirement in 2001, where he was regularly exposed to BorgWarner’s asbestos-contaminated brake pads.

Following his diagnosis with asbestosis, he filed suit against BorgWarner and several other defendants. The jury found in his favor, assigning BorgWarner 37% of the causation and 21% to each of the other three defendants. He was awarded $169,000. 

Asbestos-Containing Products Used at BorgWarner

BorgWarner’s contaminated car parts were sold internationally to major automotive companies, including GM, Chrysler, and Ford. They also sold their products as aftermarket replacement parts, increasing the scope of exposure even more. 

 Asbestos-contaminated BorgWarner products include:

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

Occupations At-Risk

Due to the widespread use of BorgWarner’s products, the company’s asbestos liability reaches far beyond its factory employees, impacting diverse professions throughout the automotive industry and beyond.

High-risk occupations include: 

• Auto mechanics
• Auto parts store employees
• Brake mechanics
• Clutch and brake re-liners
• Factory workers
• Laborers
• Parts handlers
• Service technicians
• Service managers
• Truck drivers
• U.S. military veterans

Asbestos exposure extends beyond workers to their families and loved ones. Secondhand exposure occurs when fibers and particles are unknowingly carried home on clothing, skin, and hair, posing serious risks.

Get Help Today 

Asbestos-related illnesses like mesothelioma and lung cancer can devastate victims physically, emotionally, and financially. Many of those affected trusted that the companies they worked for, and whose products they used, would act responsibly and provide adequate warnings about potential hazards.

Sadly, companies like BorgWarner failed to take the necessary steps to protect employees and consumers, putting hundreds of thousands at risk for life-threatening illness. They prioritized profits over people.

Our legal partners at Meirowitz & Wasserburg bring decades of combined experience holding negligent asbestos manufacturers like BorgWarner accountable.

If you or a loved one has been harmed by BorgWarner asbestos exposure, we’re here to help. Contact us today for a free case evaluation and let us connect you with the support and resources you need to pursue the compensation you deserve.