Get Compensated For Toxic Tort Exposure
Toxic tort law may be one of the most famous yet unknown types of law in this country today. Most of us have heard of major cases, not realizing this is the type of law being practiced. In a nutshell, toxic tort law is a niche of law that holds polluters and manufacturers of toxic materials accountable for their actions. This is done by recovering damages for the victims. This type of case if often, but not always, where we see class-action lawsuits filed on behalf of an entire community.
How Important is Toxic Tort Litigation?
The main premise behind toxic tort litigation is that a party, the defendant, acted against the norms of what they are expected to do that has threatened the well-being of an individual or an entire community. This type of litigation is not only important for the individual(s) bringing the case but it can also be extremely important to the environment itself.
These cases are brought about by either a single person or, more likely, by a community that has suffered the adverse health effects of another individual or company due to the use of, improper storage, or misuse of toxic substances. These types of cases can be very difficult to win, but they are far from impossible. This is so because, in many of these cases, the actual impact of the substances being released or that have been illegally used or improperly stored often take years, sometimes decades, before the impact of said use is apparent.
Examples of Toxic Tort Litigation
If you are a movie buff, a recent film, Dark Waters, is a perfect example of every aspect of a toxic tort case. The movie is based on the Robert Billot case against Dupont, where the chemical company had contaminated the drinking supply of an entire town in West Virginia by improperly disposing of chemicals that were unregulated at the time.
The case itself went on for years, as is very typical in such lawsuits. While Dupont had been fined, the plaintiffs in the case received nothing until about a decade after the initial lawsuit was brought. Initially, Billot filed a case for every defendant, winning three massive settlements from Dupont, each higher than the next. After the third case was tried, Dupont settled the rest of the cases as a class-action suit for $671 million.
Common Toxic Substances
While there are hundreds, if not thousands, of different substances in toxic tort cases, there are some that seem far more common than others. They are:
- Asbestos (linked to lung cancer and other lung diseases)
- Benzene (linked to cancer)
- Colloidal silver (linked to argyria)
- Dioxin and DDT (can cause brain injury)
- Glyphosate (made famous recently by Roundup class action suit – linked to cancer)
- Lead-based paint (linked to brain damage, most commonly in children)
- Mercury and arsenic (linked to blood poisoning and impaired brain function)
- Radon (linked to cancer)
- Talc (linked to ovarian cancer)
- Tobacco (linked to numerous types of cancer)
Is It Tough to Prove Toxic Exposure?
In order to make a case, there will be a very detailed examination of both the individuals in question as well as the practices of the defendant(s). The attorney will have to prove that there has been a prolonged exposure to the substance as well as the substance being responsible for the health problems of the plaintiff(s).
In addition to exposure through neglect, misuse, or improper use by the defendant, there are also a significant amount of professions that could lead to toxic exposure and a possible lawsuit. In cases such as this, an individual could bring a case if they were able to prove their employer did not provide a safe working environment that would have prevented them from becoming ill.
Some of these professions are:
- Chemical lab workers
- Chemical plant workers
- Farmers and their employees
- Gasoline industry
- Industrial plants
- Oil industry (including refineries and tankers)
- Paper manufacturing
- Pesticide manufacturers
- PVC manufacturing
- Rubber industry
These are only a few of the broad categories, as there are clearly sub-categories in many of these industries where workers are at different levels of exposure/risk.
Do I Need a Toxic Tort Attorney?
In some cases, your initial exposure could have happened decades ago, but that does not mean you still do not have a case if you only recently realized the cause was having worked in a specific industry or having been exposed to toxic products unknowingly. If you think you have been exposed and would like to discuss your case, please contact us immediately at 855.633.0888. Your initial consultation is free and you are under no obligation to use our services for reaching out to us. If you would like to learn more about our legal services, please click here.