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A Guide To Toxic Torts

If you have been injured or developed an illness because of exposure to toxic chemicals, you may have a claim for a toxic torts. Toxic torts are a common worker’s compensation claim. However chemical exposure can come from a variety of places, so toxic torts can also be filed as a personal injury lawsuit as well. So if you’ve been exposed to a dangerous chemical that has put your life at risk, you should seek legal help immediately.

What Is A Toxic Tort

A toxic tort is a type of personal injury claim where a claimant has been exposed to a toxic chemical. The exposure can come from a variety of sources. Common sources of toxic exposure include:

  • Occupational exposure

  • Pharmaceuticals

  • Toxic chemicals in consumer products

  • Dangerous building materials

  • Environmental pollution

If any of these exposures have lead to serious injury or illness they can be pursued as a toxic tort.

Occupational Toxic Torts

Many occupations require employees to work with hazardous chemicals. People working in fields like construction, medical, and even janitorial can be exposed to toxic chemicals regularly. Occupational toxic torts are usually filed as a worker’s compensation claim. In the case of occupational torts the claimant has to prove their injury or illness is a direct result of exposure to the chemical, and in some cases, that the employer was negligent in adequately warning the employee about the dangers of the chemical, providing adequate protections from the chemical, or even in providing proper employee training.

Pharmaceutical Toxic Torts

There are two ways that a person can be exposed to toxins from pharmaceuticals. The first is that the manufacturer of the pharmaceutical included a toxic chemical or did not properly warn consumers of the consequences of the toxins in the drug. In those cases, the claims are usually filed as a mass tort or class action lawsuit since many people are impacted by the toxin. The other way a person can be exposed to toxins from pharmaceuticals is by doctor malfeasance or error. A doctor may prescribe a drug that causes an interaction will another drug or even exacerbates the symptoms of the illness. These toxic torts are filed as medical malpractice.

Consumer Product Toxic Torts

Consumer product toxic torts happen when a consumer is exposed to toxins through use of any consumer product. Consumer product toxic torts usually fall under product liability claims. In product liability claims the claimant has to prove that the toxic present in the consumer cause the illness or injury and the manufacturer is responsible for the presence of the chemical in the product and did not adequately warn consumers.

Building Material Toxic Torts

Asbestos exposure is the most common building material toxic tort, but there are also things like toxic chemicals or mold in other building products like wood, insulation, or even carpeting. These toxic torts can fall under either premises liability in the case a landlord or building owner did not adequately warn the tenants of the danger or product liability if the manufacturer has not properly warned the consumer of the presence of toxins or used illicit toxins in their manufacturing practices.

Environmental Pollution Toxic Torts

Environmental pollution toxic torts are when a toxin in the environment makes you sick. Toxic torts as the result of environmental pollution and will be brought against either a organization who polluted the environment or the government for not preventing the pollution or adequately warning the public of the toxins. Usually environmental pollution toxic torts are filed as mass torts or class action lawsuits.

Exposure to toxic chemicals can lead to very serious injury or illness which can cost you big. So if you’ve been exposed to a toxin whether from the malfeasance of an employer, a manufacturer, or even the government, you should contact a lawyer immediately. Our attorneys at All Injuries Law Firm have a dedicated team that will work with you to make sure that you prove liability in your toxic tort no matter who is responsible. So contact us today for a free consultation and we can go over your options for legal recourse.