Types of Toxic Exposure Claims
Written by AskTheLawyers.com™ on behalf of Raymond Hatcher with Sloan Firm.
Written by AskTheLawyers.com™ on behalf of Raymond Hatcher, a Medical Malpractice attorney based in Texas.
Toxic exposure claims or toxic torts arise when one or more parties are injured by exposure to a dangerous substance. Naturally occurring toxins, harmful chemicals, and dangerous pharmaceuticals are just a few substances that may be subject to toxic exposure claims. When a harmful toxic exposure happens at work, the injured party may be eligible to receive workers’ compensation benefits in addition to filing a personal injury claim. However, in many cases—though not always—toxic torts take the shape of premises liability claims, where unsafe conditions on a premises led to a person’s harmful exposure and subsequent injuries. If you or a loved one were injured by toxic exposure, reach out to a personal injury attorney as soon as possible to discuss your options for physical and financial recovery.
Common types of toxic exposure claims include but are not limited to the following:
- Defective pharmaceuticals: Pharmaceutical injury claims are unique, in that they often include FDA (Food and Drug Administration) approved substances, but may involve side effects that are later decided to be too dangerous to warrant their use. When a drug holds multiple, severe, or deadly side effects that outweigh its medicinal benefits, it may be considered toxic and defective; those who have been injured by a defective drug may be eligible to file a product liability claim to seek compensation for their damages.
- Defective products: Products can be defective in a myriad of ways, including loose pieces, dangerous parts, etc. However, certain products may also put users at risk of toxic exposure. Talc, benzene, asbestos, and lead are just a few of the toxins which have been found in certain products. When someone suffers physical harm due to exposure to toxins in a product’s chemical makeup, they may be eligible to file a product liability claim against the designer or manufacturer.
- Home exposure: Residents of older homes are at particular risk of toxic exposure compared to residents living in newer homes. Lead and asbestos are two of the more common toxins found in older buildings and can have significant and even deadly effects on those exposed. Depending on the age of the building, a person or family harmed by exposure to one of these or another toxin may be eligible to file a construction defect claim to seek compensation for their damages. However, regardless of the age of the home, if the building is rented, the property manager or owner may be liable for any damages caused by toxic exposure by the home to the residents.
- Occupational exposure: Occupations that require manual labor, construction, or working in and around older buildings are more at risk of exposure to a variety of toxins. All of the above toxins have the potential to be present in an occupational environment. Additionally, many jobs that require manual labor involve the use of other dangerous chemicals and substances which employers are required to take safeguards against. If someone suffers from toxic exposure on the job due to negligence on the part of their employer, they may be eligible to file a workplace injury claim against the negligent party to seek compensation for their damages.
Injuries associated with toxic exposure often include but are not limited to the following:
- Chemical burns, rashes, and skin damage
- Eye damage
- Throat and lung damage
- Brain injuries or neurological damage
Depending on the toxin, exposure may occur when the victim inhales, swallows, or makes contact through the skin with the toxic substance. Additionally, the injuries sustained by toxic exposure may be temporary, prolonged, or even permanent and range widely in severity. Filing a toxic tort against the party responsible for your exposure can help you seek compensation for damages including medical bills, lost wages, pain and suffering, and more.
To learn more about types of toxic exposure, or for help filing a claim, reach out to an experienced personal injury attorney.