Toxic Torts Claims
As a type of personal injury claim, toxic torts are lawsuits in which people seek monetary compensation for injury, disease or death resulting from exposure to hazardous materials. Anything from chemicals to building materials to prescription drugs can be responsible for personal injury and, therefore, can serve as the basis for toxic torts.
Toxic torts vary widely, depending on the cause of the injury, disease or death, as well as the type of defendant being held responsible (i.e. an individual versus a corporation). Similarly, just as with other types of personal injury lawsuits, toxic torts can be pursued by either a single plaintiff (the person seeking compensation) or multiple plaintiffs, as in class-action lawsuits.
Types and Examples of Toxic Torts
Here are some examples of the most common types of toxic torts pursued in today's courts:
- environmental toxic torts: Pesticides or other toxins in the water or air provide the basis for most environmental toxic torts. Keep in mind that these toxic torts are among the hardest to prove and win because it's hard to prove a particular defendant knew about, was responsible for and didn't take measures to prevent toxins from being released into the environment.
Despite the challenges these types of cases present, in recent years an increasing number of personal injury attorneys have pursued these cases, as environmental issues become more of a concern to the American public.
- home-related toxic torts: Mold contamination, asbestos exposure and other hazardous building materials are among the main triggers of home-related toxic torts. In many cases, these types of toxic torts are pitted against building owners, construction companies and/or agents who sold or rented the toxin-ridden home.
- occupational toxic torts: U.S. law requires that employers follow specific regulations and guidelines to provide their workers with safe tools, equipment and working environments. Unfortunately, however, workers can still be exposed to toxins such as asbestos and pesticides, despite the measures employers take. In these cases, the manufacturer of hazardous equipment as well as the owners of the hazardous building or area in which people work will be the target of occupational toxic torts.
It's important to note that the employer will rarely be the target of an occupational toxic tort case. If workers have personal injury claims against their employers, then they will pursue a workers' compensation case, rather than an occupational toxic tort.
- pharmaceutical toxic torts: Prescription drugs that cause unforeseen (or unadvertised) health complications are typically the basis for pharmaceutical toxic torts. Because thousands of people usually take a given prescription drug, most pharmaceutical toxic torts are class-action lawsuits.
Remember, pharmaceutical toxic torts are product liability cases, a fact that makes them distinct from medical malpractice suits.
Chemicals and Diseases That Commonly Form the Basis of Toxic Torts
Regardless of where a person comes into contact with a hazardous substance, there are a few chemicals and/or toxins that are commonly at the center of toxic tort cases. Some of these include:
- agent orange (dioxin)
- asbestos
- benzene
- manganese
- PCBs
- pesticides
- silica
Similarly, the following health problems commonly form the basis for toxic tort cases:
- asbestosis
- leukemia
- lung cancer
- lymphoma
- mesothelioma
- multiple myeloma
- other types of cancer
Starting a Toxic Tort
If you or a loved one has had significant contact with toxins and now suffers from health problems similar to those listed above, consult an experienced personal injury lawyer at Burke & Eisner today. During a no-cost consultation, one of our lawyers can evaluate whether you have a case and offer you expert advice regarding your possible courses of action.
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