A toxic tort is a specific type of personal injury that occurs as a result of the exposure to toxic materials or chemicals. Many people are unknowingly exposed to dangerous substances at their work place and only discover the past exposure after they have been diagnosed with a serious condition associated with the toxic material. Others may take a toxic drug, prescribed by their doctor. There is a wide variety of toxic exposure litigation. The most common toxic tort cases involve victims of the following:
However, the most famous types of cases involve property damage claims due to oil spills. Most notably, the BP Spill in the Gulf of Mexico damaged the environment and cost local business owners billions of dollars due to the impact on the local economy. Toxic tort litigation helped to restore the environment and those small business losses through a settlement.
Whether the damages are financial or a combination of financial and human losses suffered due to a personal injury, toxic tort litigation exists to compensate those individuals and their families who have been harmed through no fault of their own. Often people are unknowingly exposed to a dangerous substance and only discover the exposure once they have been diagnosed with a serious illness associated with the toxic material.While the government often levies fines when companies violate certain regulations, the civil justice system solely provide for the families human losses, property damage, or business losses.
Joe Lyon is a Cincinnati Personal Injury Lawyer who has represented thousands of individuals in personal injury claims both locally and nationally.is a highly rated Ohio product liability lawyer who has successfully represented individuals nationwide in numerous toxic tort claims. If you or a family member have been exposed to a toxic material, or have property damage due to the release of a toxic materials, and have questions about your legal rights, please call The Lyon Firm to speak with Joe Lyon.
Occupational toxic tort cases are the most common because industrial workers are more likely to face long-term exposure to toxic chemicals. Workers in certain industries face a higher risk of exposure than the average person. For example, farm workers may be exposed to large amounts of pesticides, including Glysophate, a known cancer-causing agent. Fracking employees may be exposed to Benzene, a very dangerous substance. Workers in the steel and auto industry may have been exposed to asbestos for many years.
Exposure to toxic materials can occur in various industries, though the most common include the following:
Household chemicals, including disinfectants and common garden pesticides may cause serious illness, and even cancer in some cases. Exposure to toxic substances is particularly harmful to children because they are generally more sensitive to toxic agents. Children also have a greater likelihood of exposure as a result of play habits and behavior. In turn, many exposed children have fallen ill with serious conditions.
Toxins have also been known to enter the household from parents working certain jobs with toxic exposure. Studies show a relationship between childhood leukemia and a parent’s workplace exposure to chemicals. Occupations in the fields of painting, shipbuilding, metal processing, and auto-making may significantly elevate risk of home exposure to toxins. Asbestos has also been an issue from secondary exposure.
Common chemicals and toxins that have resulted in lawsuits include:
The largest toxic tort litigation in America involves asbestos exposure. Asbestos is a toxic material that is commonly used in residential construction, and a wide variety of industrial installations because of its high resilience to heat and effective insulating properties. Long-term exposure and inhalation of asbestos fibers, however, causes serious respiratory diseases and cancers such as mesothelioma.
A wide variety of toxic materials on the job or home may cause a number of severe conditions and diseases. Illnesses and injuries that commonly occur as a result of exposure to toxic materials include:
Many people are familiar with the term “class action.” A class action is appropriate where the claims are all the same and can be handled in one case without a party being prejudiced. Since most toxic tort cases involve different issues related to the amount of exposure, the types of injuries being claimed, and the manner is which those damages were caused, class action treatment is usually not appropriate in toxic tort cases.
However, toxic tort cases often involve many similarities related to the liability and general causation questions, and consolidation can be effective for both parties through a mass tort program. A “mass tort” is similar to a class action in that there are procedural steps to consolidate similar claims before one Court to more efficiently litigate the case. Typcially, these cases are consolidated for the purposed of pre-trial discovery, but the case is not joined for a trial. Through pre-trial consolidation the Courts can avoid inconsistent rulings and have a more manageable discovery process.
If you or a loved one suffered an injury due to Toxic Exposure and have questions about the root cause and the legal remedies available to improve quality of life and medical care, contact The Lyon Firm (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions