Toxic Torts

Suffering injuries as a result of exposure to harmful chemicals and toxins can be devastating. In some cases, those who are injured do not even realize that they have been exposed until they are diagnosed with cancer, a blood disease, lung disease, or another illness months or even years following the initial exposure. Sometimes people are exposed to hazardous substances at work, and sometimes they are exposed in their own homes as a result of environmental dangers.

Regardless of how you or a loved one was exposed to a harmful substance, an experienced toxic tort lawyer may be able to help you to seek financial compensation for your losses.

The term “toxic tort” refers to a specific kind of personal injury lawsuit that results from a person’s exposure to a harmful substance or toxin. For example, a person might be exposed to certain chemicals over an extended period of time while at work, or a person might be exposed to naturally occurring substances that are toxic in their own residences.

In many cases, toxic tort claims arise when a substance that we initially thought was safe actually turns out to pose serious risks to people. In other cases, toxic tort claims occur because a substance that was already known to be hazardous was used unlawfully or leaked into nearby air or ground.

Depending upon the nature of your claim and the facts of your specific case, you may be able to file an individual personal injury lawsuit against the responsible party. Or, if you were one of many people who was injured as a result of the same toxic material or hazardous substance, you may be eligible to form or join a class action suit.

There are many different kinds of toxic tort claims, including but not limited to the following:

• Workplace injuries and toxic torts: Many plaintiffs in toxic tort litigation were exposed to the hazardous substance while they were working over a lengthy period of time. Some of the most common toxic tort claims that arise from the workplace include asbestos and mesothelioma claims, as well as benzene exposure lawsuits.
• Hazardous substances in your home: Just as toxic tort claims can arise out of exposure to harmful materials in the workplace, toxic tort litigation also can result from exposure in your own home. In some situations, homeowners or renters and their families are exposed to toxic mold, while others are exposed to dangerous chemicals that leaked into the air supply and groundwater near their residences.
• Dangerous drugs and other consumer products: Consumers should be able to expect that products they buy and use—from prescription drugs to pesticides and home cleaners—should not cause unnecessary harm. However, many consumer products turn out to be defective and result in cancer and other diseases. These injuries can also lead to toxic tort litigation.

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) specifically protects California residents from pollutants and hazardous substances in drinking water and consumer products, and it allows injured plaintiffs to file claims when they are exposed to dangerous toxins.

If you or someone you love suffered injuries because of exposure to a hazardous or toxic substance, you may be eligible to file a claim for financial compensation. A toxic tort litigation attorney can discuss your options with you. Contact the Walton Law Firm today to discuss your case.