What Is A Toxic Tort Case?


With the rise of previously unknown or unused chemicals, materials, and products in our daily lives, a new class of personal injury claim has emerged around what are called toxic torts. These are cases that involve injuries arising from toxic or dangerous materials. If you were harmed by such materials, it may be worth talking with personal injury attorneys about what makes your case different.

Types of Claims

Most toxic tort claims fall into one of four categories. You might be exposed to toxic materials at home or through your local environment, at work, through the use of pharmaceuticals, or by using a consumer product.

Consider the cases that have arisen from the use of the popular RoundUp weed killer product. These cases cover three of the four potential categories for toxic claims. Some folks were exposed to the product at their homes or in public spaces where the product was used. Others were technicians who applied the product. Additional people bought the product believing it was safe to use. Every one of these people has the legal right to seek compensation for injuries that arose from exposure to the product.

The Medical Aspect

Personal injury attorneys have to draw a line from certain medical conditions and the toxicity levels of the product. This is not unlike documenting injuries following a slip-and-fall incident or a car accident. The major difference is that the case will likely rely more on testing and expert opinions.

Determining Who Was at Fault

Due to the way materials are used and the supply chains that deliver them, it can be tricky to decide who might be at fault for your injuries. Suppose you were exposed to a chemical that had leached into the groundwater from a nearby manufacturing plant. A lot of work can go into determining who did what wrong.

Potentially Piggybacking

One possible advantage of a toxic tort case is that someone may have already won a judgment against a defendant. A court may have even ordered the defendant to set up a fund to pay future victims as they emerge. In such cases, you might have a somewhat easier time because you'll mostly be focused on proving that your situation is the same as members of the injured class the fund was set up to compensate. Likewise, most cases of this type apply strict liability, meaning the main question will be whether you were harmed by the product. 


19 March 2020

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.