Toxic Torts

Have You Been Injured by Exposure to Toxic Chemicals or Substances?

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If you have been injured by exposure to a toxic chemical or substance, you may be eligible to file a toxic tort lawsuit. A toxic tort is a legal claim involving injuries caused by another party’s carelessness, recklessness, or negligence in regard to injuries caused by exposure to a toxic chemical or substance. This injury is not limited to physical injuries; it can also include psychological, financial, and emotional pains as well. While many people work with toxic substances regularly, there are laws to protect these people from suffering from a toxic tort, including toxins. Rules and regulations are in place across the United States to try and monitor and control potential exposure to dangerous substances. Companies must follow a strict set of guidelines when they use dangerous substances in their products.

Pharmaceutical drugs, pesticides, and toxic substances used in commercial products or manufacturing are common sources of toxic exposure resulting in toxic torts. Toxic torts are personal injury cases regarding harm to a victim due to chemical or biological hazards including radiation, chemical exposure, and dangerous pharmaceuticals. Toxic tort cases typically rely on statistical proof of injury more than similar product liability cases might.

What are the Statistics on Toxic Torts?

Sometimes it is not the products themselves which present a risk, but the dangerous substances they contain or are exposed to during the manufacturing process which have unforeseen risks for consumer health. Conversely, substances known to be toxic may be allowed to leach into the air or groundwater due to intentional or unintentional negligence. Occupational exposure, pharmaceutical drugs, exposure in a home, and exposure via consumer products are some of the most common situations in which toxic torts arise.

Let’s go over some important toxic tort-related statistics from the National Poison Data System (NPDS) unless cited otherwise.

• Studies have proven that children are more vulnerable to the effects of toxic exposure than any other age group, and can experience negative effects on their health later in life as a result. Lead in particular affects many systems in a child’s body, and particularly the nervous system which can damage neurodevelopment
• The highest incidence of exposure to toxic chemicals and substances occurs in 1-year-olds and 2-year-olds
• 631 poison exposures were reported per a population of 100,000 in 2018
• Occupational exposure to toxic chemicals and substances account on average for 2.3% of toxic tort cases worldwide.
• Common toxins responsible for negatively impacting people’s health include asbestos, endocrine-disrupting chemicals, lead, and mercury.
• The use of asbestos has declined by 55% globally from its historical peak in 1980, yet more than 2 million tons of this dangerous substance are still being used every year (National Institutes of Health).
• WHO estimates that 107,000 deaths occur worldwide every year due to mesothelioma, asbestos-related lung cancer, and asbestosis.
• Children under 6 years old comprise 44.2% of toxic exposure victims, followed by adults at 40.5%, and teens at 8.2% according to statistics from 2018.
• Over 70% of reported poison exposure in the United States is thought to be unintentional or due to negligence, with around 20% intentional, and only around 3% due to unavoidable adverse reactions (US Centers for Disease Control).

Who is Responsible for a Toxic Tort?

When proving liability in a toxic tort, several difficulties usually arise.

First, it can be difficult to prove causation of the injury, as it can be hard to trace the toxin which caused the injury back to its source.

Secondly, in some cases, symptoms of an injury may not arise until years after exposure, at which point evidence may be harder to locate or no longer viable.

Finally, toxic torts rely heavily on science and scientific proof, so it’s imperative that your attorney connect you with reliable scientific professionals with expertise in the field of toxins.

Most toxic tort lawsuits are against large, powerful corporations. This is why you need a toxic tort lawyer on your side who is not intimidated by the influence and money of these larger companies and knows how to fight for you. Depending on the circumstances of your exposure to a toxic chemical or substance, there are several parties who may be involved in your particular case. These may include:

• Pharmaceutical companies. When a pharmaceutical drug causes severe and/or unintended side effects that potential patients were not warned about, the pharmaceutical company may be held liable for any resulting damages.
• Employers. If an employer fails to provide a safe environment for its employees and someone suffers an injury by toxic exposure as a result, the employer may be guilty of negligence and can be held liable. Similarly, if an employer requires its employees to work around toxic substances but fails to provide adequate personal protective gear, the employer may be liable for any damages incurred to an employee’s health as a result.
• Consumer product manufacturer. Manufacturers who produce consumer products involving toxic chemicals, substances, or materials and fail to warn their clients about the inherent dangers of their product may be liable for any harm to consumers exposed to these toxins, as well as resulting damages.
• Owners/landlords of properties containing toxic materials. Regardless of whether you work for the owner of a property containing toxic materials, or are a non-employee exposed to a toxic substance on that property, the owner of the property is liable for any harm that comes to someone as a result of exposure on their property.
• Property management companies. If a property management company fails to inspect and treat a toxic substance issue they should reasonably have been aware of within one of their properties, and a tenant experiences adverse effects on their health or property as a result, the property management company may be liable for damages.
• Commercial facilities managers. Like property management companies, when a commercial facility manager fails to attend to or provide proper maintenance or awareness regarding the presence of toxic substances in a commercial facility they are in charge of, they can be held liable for any damages which occur to a person’s health or property as a result.

Do You Have a Claim for Toxic Tort?

Depending on the nature of you or your family member’s injuries due to toxin exposure, your personal injury lawyer may identify possible claims for:

• Medical expenses. Injuries resulting from toxic torts may include: poisoning, leukemia, lung cancer, heart disease, stroke, intellectual disability, developmental damages, pulmonary disease, burns, and, in the worst-case scenario, death.
• Lost wages (or impairment of earning capacity) as a result of hospital stay-time, or, for the loved one of a toxic tort victim, the necessity to temporarily or permanently extricate themselves from work in order to provide care. Workers’ compensation may also be claimed in these cases.
• Lifecare expenses, such as life support or ongoing medical expenses for chronic injuries.
• Vocational rehabilitation
• Pain and suffering, for both emotional and physical distress.
• Wrongful death.
• Funeral expenses.

If you were injured or a loved one was injured/killed by exposure to a toxic chemical or substance, you need a personal injury attorney that understands the emotional and physical toll this toxic tort has taken and understands the complexities of these types of cases. An experienced toxic tort attorney will be aggressive in seeking the compensation that you deserve.