Who Are Potential Defendants in a Toxic Tort Case?
In most civil litigations, there is generally one plaintiff and one defendant. In toxic tort cases, however, it’s not like that.
Toxic Tort Cases
A toxic tort is a legal claim that is made when a person is harmed by exposure to a dangerous substance, like asbestos, pharmaceutical drugs, pesticides or harmful chemicals.
In toxic tort cases, the plaintiff (i.e., the person harmed) sues to recover damages (to pay for medical bills, treatment, etc.) for the harm that the exposure did to them.
Figuring out who is responsible for the plaintiff’s damage can be very difficult. Which is why, in most toxic tort cases, there are a number of defendants—not just one. For example, in a toxic tort case, a plaintiff generally sues anyone and everyone who had any part in manufacturing, selling or distributing the toxin that injured them. This could mean that (depending on the facts of the case) a plaintiff injured by a toxin would sue the manufacturer of the toxin, the manufacturer of the machinery that exposed the plaintiff to the toxin, the owner of the building where it was used —and anybody else that had a link to the toxin.
Many toxic tort cases are brought as class actions due to the number of plaintiffs harmed. (For example, the Roundup weed killer cases or asbestos cases.)
Toxic torts can arise in a number of ways. Some of the most common are:
- Work exposure (e.g., asbestos)
- Pharmaceutical drugs (e.g. prescription drugs)
- Exposure in the home (e.g., mold)
- Consumer products (e.g. pesticides).
Plaintiffs who have been injured by toxic torts have a limited time to bring their case. This is called the “statute of limitations.” In cases like mesothelioma cases where the fact that an individual was exposed to a harmful toxin does not show up for years, this limited time can be extended (the “discovery rule”).
In all cases, however, it is important to consult with experienced counsel if you believe you may have a claim.
Litigation Attorneys in Baton Rouge Defending Your Rights
At the Day Law Group, we handle personal injury, mesothelioma and toxic tort cases. We fight hard to get our clients the compensation they deserve. We offer FREE consultations and in most cases, we don’t get paid unless you win your case. We have offices in Baton Rouge, and we serve all of Southern Louisiana. Call (225) 200-0000 ToDay to schedule your free consultation or contact us here.