There’s no doubt that some occupations pose more risks to workers than others. This is often due to the actual work done by an employee or their work environment. When it comes to toxic substances, work duties and work environment are generally the reasons an individual makes contact with a toxic substance.
However, you do not have to work with toxic substances to suffer from contact with them. The general public could interact with these substances for a wide variety of reasons. Thus, when contact occurs, it could give rise to a civil action. A toxic tort claim could result, helping to establish cause, liability and secure damages for losses suffered.
Toxic tort claim
A toxic tort claim arises when an individual is harmed by a toxic substance due to the negligence or carelessness of another. As a result of this injury, the individual suffered damages, giving rise to a civil claim.
In order to be successful in a toxic tort action, you need to prove three elements. First, the substance involved in the matter was dangerous. Next, the individual was exposed to the dangerous substance. Finally, the dangerous substance caused the individual harm.
Time as a factor
Because the damage a dangerous substance causes does not always happen immediately, time can be a major factor when proving exposure and harm. Thus, specific evidence may be required to illustrate that repeat exposure over time resulted in the injury and damages.
No one expects to suffer serious or life-threatening injuries due to a toxic substance exposure. Thus, it is difficult to navigate a civil action when you don’t fully understand your rights and options. By exploring your legal rights, you can take proper and timely steps to ensure your rights and interests are protected.
