A toxic substance is something that is harmful to the human body; toxic exposure occurs when the human body comes into contact with a toxic substance in dangerous amounts. Some examples of the most common toxic substances include:
There are many different types of toxic exposure, and as such it can occur in many different environments. Some examples of toxic exposure include:
- Exposure to chemicals that are found in your 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/drugs which are considered to be defective;
- Environmental contamination associated with the release of certain gasses or toxins; and
- Soil or groundwater contamination associated with the dumping of wastes and chemicals.
Personal injury law governs situations in which one party is harmed by another party. Toxic torts specifically refer to personal injury cases in which the plaintiff alleges harm due to exposure to some type of toxin or chemical. The factors that are necessary to prove in a toxic tort case are similar to the factors that you would need to prove in a common negligence case. As such, you will have to prove 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 would need to prove that a company had a duty to the residents of the locality to refrain from dumping any chemicals which would contaminate the soil or groundwater;
- The Legal Duty Was Breached: Duty of care is determined based on the reasonable person standard, which considers how a reasonable party would act in the same situation. An example of this would be how in cases of environmental contamination, you would need to prove that another company in a similar situation would have exercised more care in order to avoid dumping chemicals which are toxic. You would also need to prove that another company would have complied more strictly with relevant environmental regulations;
- The Breach of Duty Caused You Harm: You must prove that the breach of legal duty was the direct or proximate cause of the harm. This can be considerably complicated, especially if more than one party is potentially involved in the tort. An example of this would be how the owner of a property with toxic chemicals could claim that the builder is responsible, while the builder could claim that the owner did not properly inspect or maintain the property; and
- You Actually Suffered a Particular Harm: You would need to prove that you suffered a particular harm because of the defendant’s actions, generally by using different types of evidence, such as medical bills or missed work days.
Can I Sue For Toxic Exposure?
In toxic exposure cases, finding those responsible for the resulting injuries can be difficult. Below is a general list of who might be held responsible for causing mass injuries. While each party can be a defendant, they may be sued under different legal theories, and as such award sizes can vary.
Some of the most common toxic exposure defendants include:
- Manufacturers: Manufacturers are those who actually create the chemical or toxic compound. As such, they may be found guilty simply because they created and allowed a toxic substance to enter into the general population;
- Processors: Processors are those who apply the chemical to a product. This would include those who treat raw lumber with chromated copper arsenate (“CCA”), or who sprayed asbestos into ceiling insulation;
- Distributors: Distributors may be held liable for poorly inspecting the goods that they put into the stream of commerce; and
- Retailers: Retailers are the ones who sell directly to consumers; every party that may potentially be liable must be included in order to preserve a recovery. It is entirely possible that the retailer was either partially or wholly responsible for releasing a toxic substance.
Personal injury lawsuits are not the only way in which someone who has been affected by toxic exposure can recover compensation. An example of this would be how work-related injuries are not addressed through common personal injury lawsuits, even if the employer was directly responsible for the exposure which occurred. Rather, these injuries are addressed through the workers compensation system, which 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. Cases which involve defective medications or drugs may be brought as a product liability case, as opposed to a toxic tort case.
If a toxic substance affected a large number of people, a class action lawsuit may be necessary. This is a legal claim which is brought by a group of people who all suffered either the same or a similar injury, because of the same defendant’s conduct.
Statutes of limitations govern the amount of time in which a particular claim can be brought against a defendant. For personal injury cases, this would generally be two or three years after the incident occurred. However, this varies from state to state, which can be especially complicated for toxic exposure cases due to the fact that an injury from exposure may manifest several years later as a serious medical condition.
Many states have instituted a discovery rule, which states that the statute of limitations does not begin until the injury is known, or reasonably should have been known.
Can I Sue For Emotional Distress From Exposure To Toxins?
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 resulting from the increased risk of developing a disease or condition.
To recover for the increased risk of developing a future disease, some states require the risk 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.
To recover for emotional distress from the increased risk of contracting an illness or condition, you must prove that the disease or condition is reasonably certain to follow. You must also prove 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 For Help With Emotional Distress From Exposure To Toxins?
Legal recovery for exposure to toxins can be complicated and difficult to prove. You should consult with a class action lawyer who can help you recover compensation for your injuries. An experienced attorney will be best suited to helping you understand your legal rights and options according to the laws of your state.
