Most of our readers probably know that the legal term “tort” refers to wrongful, reckless or negligent acts that could lead to a personal injury lawsuit being filed. Under the umbrella of “tort” law we see somewhat specialized areas, such as premises liability law, motor vehicle accident cases and products liability law. So, where does “toxic tort” law fall?
“Toxic tort” basics
In general, toxic tort cases fall under the more specific area of products liability law and have to do with allegations of some kind of harm caused by a certain type of product – like asbestos, for example, or even something more specific like pharmaceuticals. The basic allegation in a toxic tort case is usually that exposure to the substance or product in question caused an illness or injury.
All tort cases involve similar elements that must be proven by the plaintiff in the case: duty; breach of duty; causation; and damages.
However, in a toxic tort case specifically, those elements can be further enhanced as:
- “duty” – the duty of a company or organization to be responsible for the safe handling or storage of a toxic substance;
- “breach of duty” – the failure of the company or organization in some way to adhere to its duty, either willfully, recklessly or negligently;
- “causation” – that the breach of duty led to the plaintiff being exposed to the toxic substance and, consequently, to suffer an injury or illness as a result; and
- “damages” – that the plaintiff did indeed suffer in some way from the exposure and subsequent illness.
As our readers may expect, toxic tort cases can get complicated in a hurry. If you believe you have suffered an injury or illness due to exposure to a toxic substance, be sure to have your potential claim evaluated carefully.
