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 What Are Toxic Torts?

Toxic exposure lawsuits are legal claims which involve injuries associated with exposure to toxic substances. These cases are considerably frequent in terms of work-related injuries, and they are often filed in relation to property and home living conditions.

Some of the most common examples of toxic exposure lawsuits include cases in which asbestos or toxic mold is an issue. Injuries frequently result from the plaintiff being exposed to the substance without being aware of it, only to discover later on that they have incurred a serious medical condition.

Toxic exposure can occur in many different environments. Some other examples of toxic exposure include:

  • Exposure to chemicals in your workplace;
  • Exposure to mold, such as dangerous versions of black mold;
  • Exposure to Asbestos;
  • Exposure to lead paint;
  • Exposure to toxic fumes from activities such as welding;
  • Dangerous chemicals in defective medication and drugs;
  • Environmental contamination due to the release of certain gasses or toxins; and
  • Soil or groundwater contamination due to dumping of wastes and chemicals.

Toxic exposure lawsuits frequently result in a monetary damages award being issued to the plaintiff. In some cases, additional measures may also be required, such as clearing the toxic conditions or providing alternate work/living spaces. Toxic tort litigation is a specific area of personal injury law.

After tracing where the condition potentially resulted from, the plaintiff may file a lawsuit in order to recover damages from the party that was responsible for the exposure. This is why toxic tort claims are sometimes called toxic exposure lawsuits.

Additionally, many toxic tort claims are filed as toxic exposure class action suits when a considerable number of people have been injured by the same source. Toxic exposure class action suits are often associated with relatively high damages awards.

In terms of injuries, toxic tort injuries are generally caused by exposure to some sort of dangerous chemical substance. Examples include paints, insulation, and other sealants that are used in workplaces or residential areas. Another common source of toxic torts would be exposure to pesticides, especially for agricultural workers.

Generally speaking, many toxic tort injuries are associated with the way in which the toxin entered the body. This can happen through inhalation, skin contact, or ingestion, commonly resulting in:

  • Various skin injuries, such as rashes, burns, or boils;
  • Lung diseases, especially those associated with asbestos or tobacco exposure;
  • Sensory injuries, such as injuries to the eyes, ears, and/or nose;
  • Various internal injuries associated with ingesting or swallowing toxic substances through food or water; and
  • Leakage from surgically implanted medical devices, although this is somewhat less common.

The specific type of injury resulting from toxic exposure will also vary depending on the type of toxin involved, as well as how long the person was exposed to the chemical or substance.

What Is Carbon Disulfide?

Carbon disulfide is a liquid that is colorless to slightly yellow, and that has a strong, ether-like odor. It is used in the manufacture of cellophane, flotation devices, and rayon. Exposure to carbon disulfide may occur through:

  • Breathing air;
  • Drinking water; and/or
  • Eating foods that contain the substance. People may also be exposed through skin contact with soil, water, or other such substances that contain carbon disulfide.

Short-term exposure to carbon disulfide can result in:

  • Headache;
  • Dizziness;
  • Fatigue; and
  • Nausea.

Additionally, physical contact may result in burning and irritation of the skin and eyes.

Long-term exposure to carbon disulfide can result in:

  • Decreased fertility for all genders;
  • Chest pain;
  • Damage to the nerves; and
  • Possibly kidney and liver damage.

What Should I Do If I Have Been Exposed To Carbon Disulfide?

There are several steps that you should take if you believe you may be involved in a toxic tort. You should first seek immediate medical attention for any injuries that you may have. Additionally, you should get checked if other people around you are showing the same kinds of symptoms, such as coughing, rashes, difficulty breathing, etc.

After you receive medical treatment, begin documenting your claim. Some examples of this include, but may not be limited to:

  • Collecting documentation of all of your medical expenses, hospital bills, and medicine fees;
  • Creating a written account of the events leading up to your injury or injuries. An example of this would be documenting if new paint was used at your work, or if you noticed different smells in the area;
  • Obtaining contact information from any witnesses, as well as from other people who may have been injured from the same toxic source; and
  • Maintaining records of any work that you have missed due to the injuries, as well as the corresponding lost wages.

These informational items may be used as evidence in court if you decide to pursue a lawsuit, depending on the nature of the claim and the information that you have recorded.

Can I Sue For Toxic Exposure?

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

Common examples of toxic exposure defendants include:

  • Manufacturers: Manufacturers are those who actually create the chemical or toxic compound. They may be culpable simply by virtue of creating and allowing a toxic substance to enter into the general population;
  • Processors: Processors are those who apply the chemical to the product, such as those who treat the raw lumber with chromated copper arsenate (“CCA”), or who sprayed asbestos into ceiling insulation;
  • Distributors: Distributors may be liable for poorly inspecting the goods that they put into the stream of commerce; and
  • Retailers: Retailers sell directly to consumers. Because every party that may potentially be liable must be included to preserve a recovery, it is entirely possible that the retailer was partially or wholly responsible for releasing a toxic substance.

What Are Some Defenses To Toxic Exposure To Carbon Disulfide?

In some cases, a plaintiff may be prevented from recovering damages. An example of this would be if the defendant has certain defenses that apply to the claim, such as:

  • No Causation: The plaintiff must be able to prove that the defendant’s actions caused their injuries. An example of this would be how no liability can be claimed for toxic substances that are released through natural causes in nature;
  • Assumption Of Risk: It is often a defense if the plaintiff knew of the risks associated with the toxin, such as carbon disulfide, but continued with their own conduct;
  • Filing Deadline Expired: Each state has different deadlines within which the plaintiff must file their claim, which are more commonly known as statutes of limitation. An example of this would be how the plaintiff might need to file their claim within one year after discovering their injury; and/or
  • Previous Injuries: If the injury is a recurrence of a previous condition or injury, it might not be an actionable claim, as the defendant must have directly caused the injury.

Various other defenses may be available, such as contributory negligence or intoxication.

Do I Need A Lawyer For Help With Carbon Disulfide Exposure?

If you have become ill because of Carbon Disulfide exposure, you should consider hiring a personal injury attorney. An experienced class action attorney can help you determine who is responsible for your toxic exposure, as well as obtain sufficient compensation for your injuries. Additionally, your personal injury lawyer will also be able to represent you in court, as needed.

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