Toxic torts are civil lawsuits typically brought by individuals harmed by exposure to harmful substances. These toxic substances can include chemicals, hazardous waste, and other materials that can cause health problems ranging from minor irritation to cancer or death.
A few examples of toxic substances that have been the subject of toxic tort lawsuits include asbestos, lead, pesticides, industrial solvents, and pharmaceutical drugs.
Toxic tort cases can be complex and often require extensive scientific evidence to prove that the substance in question caused the plaintiff’s injuries.
The legal basis for toxic tort claims is the concept of negligence, which holds that individuals and businesses have a duty to exercise reasonable care to prevent harm to others. In a toxic tort case, the plaintiff must prove that the defendant breached this duty by exposing them to a toxic substance and that this exposure caused their injuries, illnesses, or the tragic death of loved ones.
Proving causation in toxic tort cases can be challenging, as exposure to toxic substances can occur over a long period and may involve multiple sources. Additionally, many toxic substances have no immediate symptoms, making it difficult to establish a clear link between exposure and injury.
Individuals can bring toxic tort cases, groups of individuals, or even entire communities that have been affected by exposure to a toxic substance. In some cases, toxic tort cases may involve class action lawsuits, where a group of plaintiffs sues a defendant altogether.
One of the most well-known toxic tort cases in recent history is the litigation surrounding asbestos exposure.
Asbestos is a naturally occurring mineral that is no longer used in construction and other industry applications due to its dangers becoming widely known.
Exposure to asbestos can cause mesothelioma, a rare and deadly form of cancer that affects the lining of the lungs and other organs. Thousands of individuals who were exposed to asbestos have filed lawsuits against companies that manufactured or used the material, alleging that they knew or should have known of the dangers of asbestos but failed to warn workers and the public. As a result of this litigation, many companies have been forced to pay billions of dollars in damages to individuals and families affected by asbestos exposure.
Another example of a toxic tort case involves the use of glyphosate, the active ingredient in the weedkiller Roundup. In recent years, thousands of individuals who have developed cancer after exposure to glyphosate have filed lawsuits against the manufacturer of Roundup, Monsanto (which is now owned by Bayer).
The plaintiffs in these cases allege that:
- Monsanto knew or should have known that glyphosate was carcinogenic
but failed to warn consumers. In 2018, a California jury awarded $289 million in damages to a man who developed cancer after using Roundup for years, although the amount was later reduced on appeal.
Toxic tort cases can also arise from environmental pollution, such as oil spills, chemical leaks, or other incidents that release toxic substances into the air or water. In these cases, individuals or communities that have been affected by the pollution may sue the responsible parties for damages, including the cost of medical treatment, property damage, and lost income.
Parker Waichman LLP is a law firm that has handled numerous high-profile toxic tort lawsuits throughout the United States. In some cases, Parker Waichman LLP works with state and federal agencies to take legal action against companies responsible for toxic exposures.
Toxic tort cases are a vital tool for individuals and communities to seek justice and compensation for harm caused by exposure to toxic substances. While these cases can be challenging and complex, they can also hold powerful entities accountable for their actions and prevent future harm to others.
If you believe you or someone you know has been harmed by exposure to a toxic substance, it is important to seek legal advice from an experienced attorney as soon as possible. A toxic tort attorney from Parker Waichman LLP can evaluate your case, help you understand your legal options, and guide you through the legal process.
In addition to seeking legal representation, it is also important to take steps to protect your health and well-being in the wake of toxic exposure. This may include seeking medical treatment, avoiding further exposure to the toxic substance, and following any recommendations or guidelines provided by healthcare professionals or public health officials.
Toxic tort lawsuits are a powerful tool that holds individuals and entities accountable for the harm caused by toxic substances. By pursuing legal action, affected individuals and communities can seek justice, obtain compensation for their losses, and prevent future injury to others.
.svg){kind=small}
.avif)
.avif)
