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What Are Toxic Torts?

When you are exposed to a dangerous substance, you run the risk of being injured. Dangerous substances can include fertilizers, drugs, or cleaning chemicals. When exposed to these substances, humans can develop medical complications due to prolonged exposure or become sick from immediate exposure. Unfortunately, new chemicals are being produced everyday and as a result, toxic tort litigation has been on the rise. Toxic torts, or toxic tort litigation, is a lawsuit filed by a party who has been injured due to exposure to a dangerous substance. Sometimes, these lawsuits are filed by groups of people in what is called a class-action lawsuit.

There are several different types of exposure that can lead to a toxic tort:

  • Occupational Exposure: This exposure happens at the person’s place of employment. An example of this type of exposure is if a large group of construction employees is exposed to asbestos on the job. The group could file a class-action lawsuit against the party liable for the exposure.
  • Pharmaceutical Drugs: A toxic tort can be filed if a prescription drug causes unexpected symptoms or injuries. Several well-known drugs, such as the antidepressants Zoloft and Prozac, have been subject to this kind of toxic tort litigation.
  • Exposure at Home: This happens when people are exposed to dangerous substances inside their homes.
  • Consumer Products: It is possible to file a toxic tort litigation if you’ve been exposed to consumer products such as fertilizer and were injured as a result.

In most toxic tort cases, the injured party will be required to prove that the substance was dangerous, that they were exposed to the substance, and that the substances caused the injury. The most difficult part of these cases will be proving causation, as it can be difficult to identify the substance as the reason someone sustained an injury. Sometimes, medical problems caused by the toxic exposure don’t show up until years later.

If you’ve been exposed to a dangerous substance and are having trouble getting compensation, contact an attorney today. The experienced lawyers at Needham Kepner & Fish, LLP have years of experience in toxic tort litigation and will work to protect your rights in court.

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