Hazardous or Toxic Materials
Federal, state, and local governments all have rules and regulations that let individuals and businesses know their rights and responsibilities regarding toxic waste and chemicals. Even so, whether due to negligence, carelessness, gross negligence, recklessness, or even deliberate acts, there are dangerous substances in the environment that can cause harm to people who are exposed. Those dangers are much greater for individuals who live in an area where they are constantly exposed to those hazards.
These dangers can come in the form of pesticides, waste, pharmaceutical drugs, and manufacturing. Dangerous chemicals can be released into the air, into water sources, or underground, where innocent victims then unknowingly become exposed by drinking them or breathing them in.
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Toxic Torts
These kinds of exposures can lead to serious harms, such as illness, brain damage, or even wrongful death. When an individual sues another individual or business because of injuries caused by exposure to hazardous substances, the lawsuit is called a toxic tort claim. In order to win a toxic tort claim, you will need to prove these elements:
1. The substance in question was dangerous.
2. The person bringing the lawsuit was exposed to the substance.
3. The substance caused harm to the person bringing the suit.
It may be difficult to prove liability or fault in these kinds of situations. People who are exposed to environmental toxins often don’t know there is a problem until they have already suffered serious injury. There is usually a time limit – called statute of limitations – as to how long you may have to file a lawsuit. It may take an experienced hazardous material attorney to understand the scientific evidence and know how to prove the toxic materials caused personal injuries to you or a loved one.
Sometimes several members who have suffered from the same situation will join together in a class action lawsuit. This may happen, for instance, when several employees who work in the same building are all suffering from exposure to a dangerous substance like asbestos, or when several people in the same neighborhood all suffer the effects of waste put out by a nearby company. Combining the claims may make the suit stronger and force the offending party to take action as far as exposing other innocent victims.
Who Is Responsible for the Injury?
A toxic tort lawsuit may be complicated by the fact that there are several parties who may be responsible. You may choose to hold the factory that created the waste responsible, the distributor, or the one who stored or sold the chemicals. In some cases, you may need to prove that the defendant’s negligent or reckless actions caused the injury. However, in some cases, you only need to prove the injury and the cause. Manufacturers may be held to a standard of strict liability, where they are responsible for any harm they cause, whether intentional or not.
Have you or a loved one been injured because of exposure to hazardous or toxic material?
If so, you should speak with someone who understands these kinds of claims. At Legal Passkey, we can help you find an attorney who can handle your unique situation. Please call today to set up your free legal consultation.
