The term ‘toxic tort’ covers a variety of types of cases stemming from the harm or injury that can result for ingestion or exposure to harmful substances. The exposure often occurs in one or more of the following ways:
1) Occupational – when exposure occurs at your workplace or as a result of your job (such as asbestos exposure)
2) Household – when exposure occurs at your home or someone else’s (such as mold or lead paint)
3) Medical – when harm occurs as a result of medication you have taken
4) Products – when harm occurs as a result of the use of a consumer product (such as pesticide or chemical)
Liability or fault for toxic torts can be based on several theories, depending on the type of case. Liability can be based on the defendant not using the amount of care necessary with respect to the harmful substance, on strict liability (where no showing of carelessness is needed), or on intentional misrepresentation or concealment.
Toxic tort cases are complex.
- Exposure can occur years, even decades before a person develops an illness or symptoms related to the exposure develop. It can be difficult to determine who the person or entity is that is at fault for the exposure, often resulting in cases with numerous defendants.
- The illness and injuries are also often complex, particularly trying to determine whether an illness or injury was actually caused by the exposure or ingestion of the harmful substance.
- The defendants in toxic tort cases have a large incentive to fight them vigorously – for fear that a finding of fault in one case could open them up to numerous similar cases.
As a result, it is important for you to contact attorneys experienced with these cases. The personal injury attorneys at Maynard, O’Connor, Smith and Catalinotto, LLP can answer your questions and guide you through the complex process of a toxic tort case if you have been exposed to a harmful substance. Give us a call at (800) 721-3553 to set up your free consultation.
