A toxic substance is something which is harmful to the human body, and toxic exposure occurs when the human body comes into contact with a specific amount of a specific toxic substance. 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 defective medications and/or drugs;
- Environmental contamination due to the release of certain gasses or toxins; and
- Soil or groundwater contamination due to the dumping of wastes and chemicals.
What Are Toxic Torts?
Personal injury law addresses situations in which one party is harmed by another. Toxic torts 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 are necessary to prove in a toxic tort case are similar to the factors that you must prove in a typical negligence case.
In short, you must prove that:
- The Defendant Owed You a Legal Duty: This is generally 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 to refrain from dumping any chemicals which would contaminate the soil or groundwater;
- The Legal Duty was Breached: Legal duty is determined based on the reasonable person standard which considers how a reasonable party would act in the same situation. 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 all applicable environmental regulations;
- The Breach of Duty Caused You Harm: The plaintiff must prove that the breach of legal duty was the direct or proximate cause of the harm that they experienced. This can be especially complicated if more than one party is potentially involved. An example of this would be how an owner of a property with toxic chemicals could 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: This involves proving that you suffered a particular harm because of the defendant’s actions. In order to prove this, you should use various types of evidence, such as medical bills or missed work days.
What Are Pesticides?
A pesticide is a specific name that is given to a broad category of chemicals. These chemicals are intended to kill:
- Rodents;
- Weeds;
- Insects;
- Bacteria; and
- Algae.
The chemical composition of pesticide varies greatly due to the wide range of products that fall under its classification. Fumigants, such as bromides, types of organochlorines, arsenic, and organophosphates are only a few of the different types of chemicals that are used in pesticide.
Because pesticides are designed to be toxic, they are engineered and purchased because of their ability to kill. By using some of the same technology that is employed for chemical warfare, these chemicals can attack nerve impulses that control cardiac functions, as well as central nervous functioning. This is largely because the enzymes that the pesticides attack in insects and rodents are also found in humans.
Headaches, rashes, and asthma-like conditions are common with acute exposure to pesticides. Prolonged exposure can produce birth defects, as well as more detrimental central nervous disorders. Agricultural workers are generally the focus of toxic torts such as this.
Most people use pesticides in order to get rid of bugs or weeds without causing injury to themselves or other people. If you have been injured by the use of pesticides, you must contact your physician if you have not already done so. Because of the vast amount of different chemicals that are used, extensive medical testing may be necessary in order to determine the cause of your injuries. This will be vital information should you choose to take legal action for your injuries.
What Else Should I Know About Legal Action For Toxic Exposure In General?
Work-related injuries are not addressed through a common 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, 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/drugs may be brought as a product liability case, rather than a toxic tort case.
However, if a toxic substance has affected a large number of individuals, a collective claim may be more appropriate. A class action lawsuit is a legal claim brought by a group of individuals who have all suffered either the same or a similar injury, due to the same defendant’s conduct.
Statutes of limitations set the time limit in which a particular claim can be brought against a defendant. This is important to note, as claims for damages must be brought within a set time period. For personal injury cases, this is generally two or three years after the incident occurred.
This can be complicated for toxic exposure cases, as an injury from exposure may not show up right away, but may show up several years later as a serious medical condition. Many states have a discovery rule to address this issue, meaning that the statute of limitations does not begin until the injury is known or reasonably should have been known.
Are There Any Toxic Tort Defenses?
Because there is a potential for considerable losses associated with a class action claim, most defendants in a toxic tort case will assert one or more defenses. These generally take the form of affirmative defenses; meaning, 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 would be:
- Assumption of Risk: The plaintiff was warned of the risks, but disregarded the warnings and proceeded to expose themselves to the toxic materials. This is a common defense as toxic materials are frequently accompanied by some sort of “Warning” or “Hazard” sign;
- Contributory/Comparative Negligence: If the plaintiff was negligent in such a way that added to their own injury, this could serve as an effective defense. 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, the plaintiff is given an absolute time limit in which to file their claim, regardless of when they discover their injury. Most jurisdictions enforce statutes of limitation, rather than statutes of repose; and
- Conflict of Laws: It may serve as a defense if the state, county, and/or city laws governing toxic torts are in direct conflict with federal laws.
One common way in which a defendant avoids 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, failure to prove causation can relieve the defendant of liability.
Do I Need A Lawyer For Help With Pesticide Exposure?
You should consult with a class action attorney who specializes in toxic torts in order to preserve your legal rights, as well as your ability to recover from your injuries. Toxic torts such as pesticide exposure are generally difficult to litigate because of the medical testing that is involved, and the difficulty in determining the source of the chemical. As such, a toxic tort attorney can help organize and strengthen your case.
