Although widely known in the field of law, toxic torts are not quite a layman's term. Many people know that something called a toxic tort exists, a few know that they are a type of personal injury claim, but most do not know what a toxic tort is at all. This brief guide will serve to introduce you to the world of toxic torts. Throughout the course of this guide you will learn exactly what a toxic tort is, the context of toxic tort claims, as well as how one can determine the liability of the defendant in toxic tort claims.
What is a Toxic Tort Claim?
A toxic tort claim is a personal injury claim wherein the plaintiff claims that he or she was on the receiving end of harm due to some form of exposure to a dangerous substance. This can take the form of pesticides, pharmaceutical drugs or, even in some cases, food. Most toxic tort claims, however, take the form of the plaintiff being unknowingly exposed to a chemical of some form. For example, if a defendant were to market a cosmetic cream product that included some form of harsh chemical that ended up causing severe skin irritation or skin rash, the customers would have the impetus to file a toxic tort case in the form of a personal injury lawsuit. As long as a customer was harmed from using a product, without warning that harm might occur, they would be able to file a personal injury suit with the manufacturer of the product.
Context of Toxic Tort Claims
Determining what sort of context that the plaintiff came into contact with the toxic substances, as well as how the defendant distributed said toxic substances, is absolutely necessary when determining whether a toxic tort claim can be filed. There are numerous factors to take into consideration before filing a toxic tort claim. For example, the place in which the plaintiff came into contact with the toxic substance. The location of where you came into contact with the substance in the first place can be crucial in determining whether or not your case will hold water. If, for example, your job requires some form of contact with toxic substance, your chances of the case holding water will be much less successful than that of a plaintiff who came into contact with a toxic substance on his or her leisurely morning jog.
Determining Liability
Determining liability can be difficult in toxic tort cases. Often times, defendants will argue their case quite vigorously, and for good reasons. Many times, the outcome of the case – if found in favor of the consumer – could create a serious blemish on the defendant. This is especially true if the defendant is a company or merchant. A case ruled against a company could make the general public less likely to purchase any of that company's products, ruining sales. Proving causation is usually the plaintiff's primary appeal. In such arguments, the plaintiff must argue that the defendant is indeed the very cause of the plaintiff's poisoning. Discovering the origin of the toxicity is crucial for establishing a credible argument for the plaintiff. Due to the biological nature of such claims, scientific evidence is a must for a plaintiff's argument.
Toxic torts are just one small aspect of personal injury law, one that you probably did not even know existed. If you have been exposed to a type of harmful chemical or toxic substances due to the fault of someone else you should know that you have recourse in the form of a personal injury lawsuit. Talk to a personal injury lawyer to figure out just exactly what sort of damages you can seek, and how difficult it may be to prove that your injuries were due to the negligence of another party. If you don't have a personal injury attorney yet, then check out the site to find one.
