A tort is a type of twisted or civil wrong. More typically, its referred to as an injury to an individual’s body, financial circumstances, or certain interests because of another’s carelessness or negligence. An individual who has suffered a tort is entitled to be brought back into the situation or position he or she was in prior to the tort, usually by some monetary compensation or some other kind of solution. An attorney, like a Philadelphia personal injury lawyer at the Wieand Law Firm, can help if you were injured because of a tort, or negligence conduct of another.
Consequently, a ‘toxic tort’ is simply a tort occurred because of contact with any sort of toxic substance. As a result of corporate industry’s advances in our country over the last five decades, the number of harmful, toxic drugs and substances in our environment and surroundings has grown tremendously.
Toxic Tort Laws
Typically, toxic tort laws govern the issues related to and caused by exposure to dangerous, toxic substances, like industrial chemicals, pharmaceutical drugs, lead-based paint, pesticides, and environmental toxins. More specifically, it is simply the subset of personal Injury laws and usually results in Mass Torts.
Proving a Toxic Tort Claim
Toxic tort claims can be brought by individuals as well as groups who have suffered damages and injuries due to exposure to dangerous substances. What a plaintiff need to do in order to prove in toxic torts widely differs from situation to situation, depending on the relevant state laws as well as the legal theories involved. However, in most cases, a plaintiff usually needs to prove the following four elements:
1 – the defendant owed a duty to the plaintiff;
2 – the substance involved was harmful/dangerous/toxic;
3 – the plaintiff was actually exposed to such substance; and
4 – the substance resulted in damage/harm to the plaintiff.
It is imperative to prove causation in the case of a toxic tort claim. This can prove challenging because of the nature of such types of injuries and health complications. Usually, the damage and harm occurred as the result of the exposure to dangerous or toxic substances are not plainly obvious for even many years after the exposure. Additionally, it can also be significantly difficult in order to prove that the harmful substance in question is actually the underlying causing factor or element. Hence, all these types of lawsuits typically depend heavily on the medical records and scientific studies carried out.
Types of Toxic Exposure Claims
Typically, there are often five different types of claims concerning toxic exposure:
1- Occupational or Workplace Exposure, where workers or employees are exposed to harmful toxins (often because of carelessness or negligence of management team) in their workplace.
2- Environmental exposure, where individuals ingest dangerous toxins in the air or their drinking water.
3- Home exposure, where residents and other people are in contact with certain goods and substances in their casual and personal places of residence, like fungus or mildew, mold and formaldehyde-treated carpet and wood.
4- Consumer products, where buyers or consumers are damaged or injured as the result of certain products that contain hazardous contents, like tobacco, or breast implants.
5- Pharmaceutical drugs and medicine, where patients prescribed medication somehow suffer from certain unintended side-effects that result in severe damage.
If you or your loved one have been exposed to and injured by, a harmful or toxic substance, you may be able to get recovery of your losses with the help of one of several relevant toxic torts claims. A well-versed lawyer can assist you to determine your claim’s strength.
Disclaimer: This article is for informational purposes only and is not legal advice.