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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

What is the importance of a toxic tort?

On Behalf of | Jun 10, 2020 | Blog |

Many torts deal with bodily harm and injury, and harm caused by a toxic fume is no exception. 

Learning the significance of these torts can help you determine what to do if you were unknowingly or knowingly exposed to harmful substances. 

What it is 

Whether you are at work or at home, it is possible to encounter toxic chemicals in manufacturing or other processes. In addition, pharmaceutical drugs may contain potentially harmful ingredients or contamination. 

Many of these include chemicals like asbestos, lead paint, landfill debris, or even certain pesticides. These substances are harmful to humans who are around them for long periods of time, especially if you do not know that you are being exposed. 

Proving a claim  

There are three statements you must prove in order to claim in court that a toxic substance harmed you. First, you must show that the product or substance was unsafe. Then, you need to show you were in a position, or even a long-term situation, where you were around this substance. 

Finally, you also need to prove that it harmed you in some way. This could be physical pain or any other symptoms. 

Length of time 

Proving events that happened years in the past can be tough. You may find that getting records of situations is harder as time goes on. In many cases, the length of time needed for discovery is rather lengthy because of this. 

Statutes of limitations can also pose a problem if you wait longer than a few years. The most time to address a problem with a toxic substance is as soon as you recognize it.