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Clark Love & Hutson

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

Why is it hard to prove a toxic tort?

On Behalf of | May 31, 2021 | Products Liability |

When a Houston resident’s carelessness cause’s someone else’s injury, either physical or financial, the injured party may be able to receive compensation for their injuries. A toxic tort refers to an injury caused by exposure to a toxic substance. Industrial advances have caused a number of toxic substances to become released into the environment and increasing the chances of exposure and harm to individuals.

Proving a toxic tort claim

In order to successful demonstrate that one’s injuries were caused by coming into contact with a harmful substance, it is necessary to show that the relevant substance was dangerous, the injured party was exposed to it, and that the injury was caused by the substance in question.

Individuals can come into contact with toxic substances in their workplace, at home or through products and drugs they use. For example, lead paint can be in buildings and also on toys, and can cause brain damage.

Why are toxic torts difficult to prove?

Since exposure to toxic substances often takes place over a long time, it is difficult to prove exposure and injury. Getting records to show the link, such as housing records and building information, can be difficult because of the passage of time. The other party also tries to show that intervening factors in the years following exposure may have contributed to the injuries, not contact with a toxic substance.

Fact-finding and discovery in a toxic tort case is very important and often requires expert testimony. It might be helpful to have an experienced attorney guide an injured victim through this process, so one can receive the compensation they deserve for the injuries they have sustained.