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Clark Love & Hutson

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

Toxic Torts and why it is difficult to prove them

On Behalf of | Dec 29, 2020 | Uncategorized |

Whether they know it or not, Texas workers are likely exposed to toxic substances without even knowing about it. For example, many old buildings where people live and work, have asbestos in them and people breathe it in on a daily basis. In other instances, people work with hazardous waste every day and do not have proper safety equipment to deal with it. In these instances, they are at higher risk of becoming injured and most likely due to someone else’s fault and negligence.

What is a toxic tort?

When one person behaves negligently or carelessly and causes injury to another, this is known as a tort. The injury does not only have to be physical—it can also be financial. The idea behind the civil suit is to put the injured party back in the position they would have been in before the tort. A toxic tort therefore is a tort brought upon by exposure to a toxic substance. Toxic substances are commonly found in lead based paint, pesticides, toxic landfills and dry cleaning solvents.

How do you prove a toxic tort case?

Generally, someone alleging a toxic tort needs to prove that the substance in question was toxic, the injured party was exposed to the substance and that the injured party was harmed by the exposure.

Proving toxic torts can be difficult, since exposure takes place over a number of years and it can be difficult to pinpoint any one instance. It can be difficult to obtain the necessary records to prove one’s case if the exposure took place decades ago. Additionally, the defense can point to intervening factors to explain away one’s injuries. These factors can make it difficult to prove one’s toxic tort case and why having an experienced attorney focused on discovery and fact-finding can be beneficial.