Can I Sue for Toxic Exposure?

The area of law that addresses personal injury cases is considerably vast. Personal injury law involves cases in which victims were injured as a result of the negligence of others. Specialized personal injury lawyers handle a wide variety of issues, such as:

• Automobile accidents;
• Dangerous property or buildings;
• Defective products;
• Medical malpractice;
• Slip and fall accidents;
• Animal attacks; or
• Other accidents with negligent drivers.

What Is Toxic Exposure? What Are Toxic Torts?

A toxic substance is something which is considered to be harmful to the human body. As such, toxic exposure occurs when the human body comes into contact with a toxic substance. Because there are many different types of toxic exposure, it can occur in many different environments.

Some of the most common examples of toxic exposure include:

• Exposure to chemicals found in the workplace;
• Exposure to different types of mold, such as dangerous types of black mold;
• Exposure to Asbestos;
• Exposure to lead paint;
• Exposure to toxic fumes from various activities such as welding;
• Dangerous chemicals found in medications or drugs that are considered to be defective;
• Environmental contamination related to the release of certain gasses or toxins; and
• Soil or groundwater contamination related to the dumping of wastes and chemicals.

To reiterate, personal injury law addresses situations in which one party is harmed by another. Toxic torts more specifically refer to personal injury cases in which the plaintiff alleges harm because of exposure to some type of toxin or chemical.

The factors that you must prove in a toxic tort case are similar to the factors that you would need to prove in a common negligence case. This includes proving that:

• The Defendant Owed You a Legal Duty Of Care: This is generally straightforward in toxic torts cases. An example of this would be how in cases which involve contamination of the environment, you may need to prove that a company had a duty to the residents of the locality not to dump any chemicals which would contaminate the soil or groundwater;
• The Legal Duty was Breached: Duty is generally determined based on the reasonable person standard, which considers how a reasonable party would have acted in the same circumstances. An example of this would be how in cases of environmental contamination, you can prove that another company in a similar situation would have exercised more care in order to avoid dumping chemicals which are toxic. You could also assert that another company would have complied more strictly with the relevant environmental regulations;
• The Breach of Duty Caused You Harm: You will need to prove that the breach of legal duty was the direct or proximate cause of the harm. However, this can be quite complicated, especially if more than one party is potentially involved. An example of this would be how an owner of a property with toxic chemicals can claim that the builder is responsible, while the builder could claim that the owner did not properly inspect or maintain the property which makes them the actually responsible party; and
• You Actually Suffered a Particular Harm: This would involve proving that you suffered a particular harm because of the defendant’s actions. In order to do so, you can use different types of evidence, such as medical bills or missed work days.

Can I Sue For Toxic Exposure?

In toxic exposure cases, such as those associated with treated lumber or asbestos, finding those responsible can be considerably difficult. Below is a general list of who might be held responsible for causing mass injuries. Additionally, while each can be a defendant, they may be sued under different legal theories and as such the award size can vary considerably.

Some of the most common toxic exposure defendants include:

• Manufacturers: Those who actually create the chemical or toxic compound. These individuals may be culpable simply by virtue of creating and allowing a toxic substance into the general population;
• Processors: Those who apply the chemical to the product. An example of this would be those who treat the raw lumber with chromated copper arsenate (“CCA”), or those who sprayed asbestos into ceiling insulation;
• Distributors: While distributors are most commonly the middlemen in the retail end of the process, they may be held liable for poorly inspecting the goods that they put into the stream of commerce; and/or
• Retailers: Those who sell directly to consumers, as every party that may potentially be liable must be included in order to preserve a recovery. Additionally, it is entirely possible that the retailer was partially or wholly responsible for releasing a toxic substance.

Personal injury lawsuits are not the only way in which someone who was affected by toxic exposure can recover compensation. An example of this would be how work-related injuries are not resolved through a common personal injury lawsuit, even if the employer was directly responsible for the exposure which occurred. Rather, these injuries are addressed through the workers compensation system, which all fifty states have enacted. A workers compensation claim is generally the sole remedy for injuries which happened while on the job.

However, if the employee was injured by a substance such as asbestos which was manufactured by a third party, they may be able to bring a claim against the manufacturer of the substance in a standard civil lawsuit. Additionally, cases involving defective medications or drugs may be brought as a product liability case, rather than as a toxic tort case.

If a toxic substance affected a large number of individuals, a plaintiff may not bring an individual claim, but rather a collective claim. A class action lawsuit is a legal claim brought by a group of people who have all suffered either the same or a similar injury, because of the same defendant’s conduct.

Statutes of limitations set the time limit in which a particular claim can be brought against a defendant. These vary from state to state and are important to be aware of, because claims for damages must be brought within a set amount of time. For personal injury cases, it is generally two or three years after the incident occurred.

This can be complicated for toxic exposure cases, because an injury from exposure may not show up until several years later as a serious medical condition. Many states have a discovery rule in order to address this issue. In such states, the statute of limitations does not begin until the injury is known, or reasonably should have been known.

Can I Sue For Emotional Stress From Exposure To Toxic Chemicals?

Most states allow recovery for exposure to toxic substances when it is caused by the negligence of another. There are two ways in which to recover, either for:

• The increased risk of a future disease or condition; or
• The emotional distress associated with the increased risk of developing a disease or condition.

In order to recover an award for the increased risk of developing a future disease, some states require the risk of developing the disease to be more probable than not; or, over 50%. Other states will consider the potential of future problems, as well as how much your risk has increased when determining your damages. You could also recover for the costs of medical monitoring if monitoring is necessary, and would make early detection and treatment possible.

In order to recover for emotional distress from the increased risk of contracting an illness or condition, you must show that the disease or condition is reasonably certain to follow. You must also show that your emotional distress is reasonable. Additionally, the emotional distress must be a foreseeable result of the injury; meaning, the distress is the natural consequence of or is reasonably expected to flow from the injury.

Do I Need A Lawyer To Sue For Toxic Exposure?

A class action attorney can help you determine what your legal rights and options are according to your state’s specific laws if you are dealing with toxic exposure. Additionally, an experienced personal injury attorney will also be able to represent you in court, as needed, should legal action become necessary.