Common Claims in Toxic Tort Cases.
What can you do if you are exposed to, or injured by, a pharmaceutical drug, chemical, asbestos, black mold, oil spill, pesticide or other harmful substance?
With the exception of any claim covered exclusively by worker’s compensation, the answer is that you may be able to bring a legal action to recover for your injuries.
Personal injury cases that seek redress for exposure to, and harm caused by, toxic substances are called “toxic tort” litigations. A “toxic tort” is a legal claim for harm caused by exposure to a dangerous substance.
Toxic Tort Cases.
The specific elements that a plaintiff must prove in a toxic tort case depends on the facts of the case and the legal theory the plaintiff is advancing. In other words, a plaintiff must prove different elements for a toxic tort based on negligence than one based on product liability.
However, there are some common claims that are advanced in most toxic tort cases. They are:
- Strict Liability, and
- Intentional misrepresentation or fraud.
As noted above, each of these legal theories requires the plaintiff to prove a number of different elements in order to succeed in his case. Generally speaking, however, a toxic tort plaintiff must prove these 3 essential elements:
- that the substance was dangerous,
- that the plaintiff was exposed to the substance,
- that the plaintiff was harmed by the substance.
This may sound simple, but it’s not. Toxic tort cases can be difficult and hard to prove. For example, in some cases (like exposure to asbestos) the plaintiff does not even know that he has been harmed by the toxin until years after the exposure.
In other cases, as in the situation where the plaintiff is exposed to asbestos but is a long-time cigarette smoker, it can be difficult to prove that it was the asbestos, and not the cigarettes that caused his harm.
In all toxic tort cases, it is advisable to have knowledgeable and experienced counsel.
Injured? Call us ToDay.
If you have been injured due to exposure to a toxic substance, or think you may have been, contact us ToDay. We are experienced mesothelioma and personal injury attorneys in Baton Rouge. We offer FREE consultations and in many cases we don’t get paid unless you win. We serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call (225) 200-0000 ToDay to schedule your free consultation or contact us here.