A toxic substance is something which is considered to be harmful to the human body. Toxic exposure occurs when the human body comes into contact with a toxic substance in such high levels that it causes some sort of harm or damage.
There are many different types of toxic exposure, and it can occur in many different environments. Some of the most common examples of toxic exposure include:
- Exposure to chemicals in your workplace;
- Exposure to mold, such as dangerous types of black mold;
- Exposure to Asbestos;
- Exposure to lead paint;
- Exposure to toxic fumes from activities such as welding;
- Dangerous chemicals in medications or drugs which are considered to be defective;
- Environmental contamination due to the release of certain gasses or toxins; and
- Soil or groundwater contamination due to dumping wastes and chemicals.
Personal injury law addresses situations in which one party is harmed by another. Toxic torts refer to personal injury cases in which the plaintiff alleges harm because of dangerous exposure to some type of toxin or chemical. The factors that must be met in order to prove a toxic tort case are similar to the factors that you must prove in a common negligence case.
You will need to prove that:
- The Defendant Owed You a Legal Duty: This is considerably straightforward in toxic torts cases. An example of this would be how in cases which involve contamination of the environment, you can 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 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 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 prove that another company would have complied more strictly with the relevant environmental regulations that apply to them;
- The Breach of Duty Caused You Harm: As the plaintiff, you must prove that the breach of legal duty was the direct or proximate cause of the harm that you experienced. This can be complicated, especially if more than one party is potentially involved. An example of this would be how the owner of a property with toxic chemicals can claim that the builder is responsible, while the builder can claim that the owner did not properly inspect or maintain the property; and
- You Actually Suffered a Particular Harm: In short, this involves proving that you suffered a particular harm because of the defendant’s actions. In order to prove this you can use different types of evidence, such as medical bills or missed work days.
What Is Nitrogen Dioxide?
Nitrogen dioxide is a dark brown liquid or gas that has a distinct, unpleasant odor. The primary source of nitrogen dioxide toxicity occurs from indoor combustion processes, such as:
- Tobacco smoke;
- Welding; and
- Gas stoves.
Exposure to nitrogen dioxide can cause irritation to the:
- Upper respiratory tract;
- Mucosal membranes; and
- Eyes.
Chronic, low-level exposure to nitrogen dioxide can:
- Increase the risk of complications in asthmatics;
- Decrease lung function in those with respiratory ailments; and
- Increase the risk of respiratory infections and bronchitis.
At very high doses, nitrogen dioxide exposure may cause pulmonary edema, as well as widespread lung injury.
What Are Some Other Legal Causes Of Action For Nitrogen Dioxide Exposure?
Personal injury lawsuits are not the only way in which someone affected by toxic exposure can recover compensation. An example of this would be how work-related injuries are not handled by a general personal injury lawsuit, even if the employer was directly responsible for the exposure which occurred.
Rather, these injuries are handled through the workers compensation system, of 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 which involve defective medications or drugs may be brought as a product liability case rather than a toxic tort case.
When a toxic substance affects a large number of individuals, resolution may require a class action lawsuit. A class action lawsuit is a legal claim 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 set the time limit in which a particular claim can be brought against a defendant. It is important to note because claims for damages must be brought within a set time period. For personal injury cases, this period is generally two or three years after the incident occurred.
This can be complicated for toxic exposure cases, because an injury from exposure may show up several years later as a serious medical condition. Many states have a discovery rule to address this issue, in which the statute of limitations does not begin until the injury is known or reasonably should have been known.
What Are Some Examples Of Toxic Exposure Awards? What Are Some Defenses?
Estimating damages for toxic exposure to hazardous chemicals and products can vary based on several factors, such as:
- Severity of injury, such as minor breathing problems or severe trauma;
- Hospital bills, such as those for medical monitoring or therapy; and
- Knowledge of the offending party regarding the presence of toxic materials.
Due to the potential for great losses associated with a class action claim, most defendants will assert a defense, generally in the form of affirmative defenses. What this means is that even if the plaintiff can prove that the defendant was liable, the defense will relieve the defendant of liability.
Examples of affirmative defenses in a toxic tort lawsuit include:
- Assumption of Risk: The plaintiff was warned of the risks, but disregarded the warnings and exposed themselves to the toxic materials anyway. Toxic materials are often accompanied by some sort of “Warning” or “Hazard” sign;
- Contributory/Comparative Negligence: The plaintiff was negligent in a way that added to their own injury. In some states, the plaintiff may be prohibited from filing suit, or their damages award will be reduced;
- Statute of Repose: Similar to the statute of limitations, except that the plaintiff is given an absolute time limit in which to file their claim, regardless of when they discover their injury; and/or
- Conflict of Laws: It may be a defense if the state, county, and/or city laws governing toxic torts are in direct conflict with federal laws.
One of the most common ways for a defendant to avoid liability would be to prove that the injured party has not proven all of the elements for the toxic tort violation. An example of this would be how the plaintiff must prove that the defendant actually caused their injuries. While this is not technically an affirmative defense, a failure to prove causation could relieve the defendant of liability.
Do I Need A Lawyer For Help With Nitrogen Dioxide Exposure?
If you or a loved one has become ill because of Nitrogen Dioxide exposure, you should consult with a class action attorney. An attorney can help you determine who is responsible for your exposure to nitrogen dioxide, and what your legal options are according to your state’s specific laws. Additionally, an attorney will also be able to represent you in court as needed, and can notify you of any class action lawsuits that you can join.
