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Clark Love & Hutson

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The Nationally Recognized Plaintiffs Litigation Law Firm

Can I do anything about the factory that is making me sick?

On Behalf of | Feb 9, 2024 | Plaintiff Litigation |

If you reside in Southeast Texas and suspect that a nearby factory is affecting your health, pursuing legal action through a toxic tort claim could be an option. A toxic tort claim involves injuries resulting from exposure to hazardous substances, such as petrocarbons.

Unraveling the concept of toxic torts

A toxic tort is a legal recourse for injuries stemming from exposure to harmful substances. This umbrella term encompasses various scenarios, like occupational exposure. This type occurs when workers face exposure to toxic substances in their workplaces, like asbestos, benzene or pesticides.

It also includes pharmaceutical drug exposure. This involves unintended side effects of drugs or instances where manufacturers mislead consumers about their risks or benefits.

Another type is exposure in the home. This takes place when individuals breathe or ingest substances like mold, lead paint or radon within their homes that are from their home or adjoining facilities or factories.

Finally, there are consumer products. This arises when individuals use defective products containing harmful chemicals, such as cosmetics, toys or weed killers.

Potential injuries resulting from exposure

Exposure to toxic substances can lead to severe, and sometimes fatal, injuries. Common consequences include respiratory issues or allergies, cancer, birth defects, skin rashes or burns, etc. Indeed, some injuries are only caused by toxic exposure, like Mesothelioma, which is a cancer only caused by asbestos. The nature and severity of injuries hinge on factors like the duration and amount of exposure, substance toxicity and individual health susceptibility.

Establishing a toxic tort claim in Texas

Proving a toxic tort claim in Texas is intricate and involves several key elements. First is exposure. Demonstrating exposure to the toxic substance and identifying the source, often requiring scientific testing, environmental sampling or expert testimony.

Second is toxicity. Establishing that the substance is harmful or dangerous to human health, backed by scientific evidence, medical records or expert testimony.

Finally, there is causation. Proving that the exposure caused the injury or illness, typically requiring medical evidence, epidemiological studies or expert testimony.

Identifying responsible parties in Texas

Liability in a toxic tort claim in Texas may extend to various parties, depending on the circumstances. A key liable party is often manufacturers as the companies producing or distributing toxic substances or products containing them are ultimately responsible for their harm.

You can often hold the facilitating party responsible as well. This could include employers if these entities exposed workers to toxic substances. It could also include landlords, owners or managers that exposed tenants to toxic substances. And, it could even include government entities that oversee the use or disposal of toxic substances.

However, navigating such claims requires addressing exposure, toxicity, causation and dealing with potential defenses from liable parties.