Toxic tort
Toxic tort is a specific type of personal injury law that deals with injuries and illnesses caused by exposure to toxic substances. These cases often involve complex scientific and medical issues, and require specialized legal knowledge and expertise.
Overview
A toxic tort is a legal claim for harm caused by exposure to a dangerous substance. This can include exposure to chemicals, pesticides, pharmaceutical drugs, and other toxic substances. The harm can be physical, such as an injury or illness, or non-physical, such as emotional distress or damage to property.
Toxic tort cases can be brought by individuals or by groups of people who have been similarly affected, known as a class action lawsuit. These cases can be against manufacturers, distributors, suppliers, retailers, and others who make or sell the harmful substance.
Types of Toxic Torts
There are several types of toxic torts, including:
- Occupational Exposure: Workers may be exposed to harmful substances in the workplace. This can include exposure to asbestos, lead, chemicals, and other toxic materials.
- Pharmaceutical Drugs: Some drugs may have harmful side effects that were not disclosed by the manufacturer. This can lead to a toxic tort claim.
- Consumer Products: Consumers may be exposed to harmful substances through the use of certain products. This can include exposure to toxic chemicals in cleaning products, cosmetics, and other consumer goods.
- Home Exposure: Individuals may be exposed to harmful substances in their homes. This can include exposure to mold, lead paint, and other toxic substances.
Legal Issues
Toxic tort cases often involve complex legal issues. These can include proving that the substance was indeed toxic, that the plaintiff was exposed to the substance, and that the exposure caused the plaintiff's injury or illness.
In addition, because the effects of exposure to toxic substances can take years to manifest, these cases often involve complex issues of statute of limitations and causation.
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Contributors: Prab R. Tumpati, MD