The negligence or carelessness of another could suddenly and detrimentally impact you. This unexpected harm could significantly alter your physical, mental and financial health due to the considerable damages suffered. In any tort matter, this involves a civil wrongdoing. Thus, a toxic tort is a civil wrongdoing involving contact with or an exposure to a toxic substance.
The manufacturing industry and their usage of toxic chemicals has impacted workers and the public, as possible exposure could result in health issues, illness or even death. As such, if a toxic exposure was the result of negligent or careless use, handling or disposal of a toxic substance, those harmed could seek damages through a civil action.
Common toxic torts
Toxic tort claims can be far-reaching, as they are not only related to exposure occurring in or near a manufacturing plant. A toxic substance exposure could be related to consumer products, household goods, pharmaceuticals and workplace chemicals.
Lead poisoning is a common type of toxic tort claim, often arising from exposure to lead through paint, pipes and the workplace. Another commonly asserted claim is lung disease related to silica or asbestos exposure, which is often a risk in the mining and construction industries, as well as those operating heavy machinery.
Toxic claims also arise concerning birth injuries related to an exposure to solvents, pesticides or toxic waste. Finally, a toxic tort claim could assert organ or nerve damage related to an exposure to benzene, medications or heavy metal poisoning.
Elements of a toxic tort claim
When proving a toxic tort claim, the elements of negligence must be met. The victim must prove that the defendant had a duty of care towards them, there was a breach of this established duty, the breach caused injury to them and that actual harm was suffered.
In addition to proving the elements of negligence, the victim must prove the following four situations are also true. First, that the toxic substance involved in the claim caused the injury. Next, that they were exposed to this toxic substance. Third, that the defendant is responsible to the exposure to the toxic substance. Finally, that the defendant knew that the substance was toxic or reasonably should have known.
A toxic tort claim can be a challenging matter to navigate, as it often involves complex information and the need for expert testimony. A legal professional can help you understand your rights and options, answering any questions or concerns you have.
