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What do you need to prove in a toxic tort case?

On Behalf of | Oct 18, 2020 | Firm News

If you work around dangerous chemicals or substances, you may be at risk for toxic exposure and related illnesses. While chemical-related illnesses are often severe and life-threatening, the good news is that the law may allow you to recover compensation from your employer via a toxic tort claim.

According to FindLaw, the term “tort” refers to a civil wrong that another person’s negligence or carelessness causes. This wrong often results in physical or financial injury. Therefore, a “toxic tort” is merely one that occurs as the result of contact with a toxic substance. Sadly, as the nation advances in terms of technology and science, the number of toxic substances in the environment has grown.

Substances that lead to toxic tort cases

Many substances can cause adverse reactions and illnesses, but some are more dangerous than others. Those substances also happen to be more prevalent in industrial environments. Some dangerous substances that may lurk in your work environment are as follows:

  • Asbestos
  • Lead-based paint
  • Pesticides
  • Toxic landfill waste
  • Electro-magnetic fields from major appliances or utility wires

Researches have linked these materials to conditions such as lung cancer, brain injury, birth injuries and other cancers, among others.

Elements of a toxic tort case

The elements you must prove in a toxic tort case largely depend on state laws and legal theories. However, most plaintiffs in past cases had to establish three main things. The first is the substance in question is, in fact, dangerous. The second is that the plaintiff was exposed to the substance. The third and final element is that it is more probable than not that the exposure caused the plaintiff’s injuries.