What is a Toxic Tort?

Posted on May 10, 2021 in Product Liability Litigation

Most people will not be familiar with the term “toxic tort.” This term refers to a lawsuit brought by a person who has been harmed due to exposure to a dangerous substance. A toxic tort lawsuit in Portland or throughout the state of Oregon can be a very complex legal situation. Here, we want to briefly discuss toxic torts as well as why you need a Personal injury attorney to handle these claims.

Person Spraying Chemicals on Plants

How do Toxic Injuries Arise?

Toxic injuries can occur in a wide variety of ways. However, the majority of the incidents that lead to a toxic tort case are made up of the following:

  • Occupational exposures hazardous materials or chemicals in the workplace. This concludes this such as asbestos, silica, beryllium, benzene, etc.
  • Prescription drugs that cause unforeseen or unintended consequences.
  • Exposure to hazardous substances inside the home, including in a family residence or a rented residence. A common example of this type of exposure includes mold exposure.
  • Contact with common consumer products, including pesticides and garden weed killers, that could lead to serious injuries if handled incorrectly or ingested.

Proving Fault for a Portland Toxic Tort Claim

Any person who thinks they may have been injured or become ill due to a toxic substance exposure should contact a skilled lawyer as soon as possible. A skilled attorney will work to establish liability by examining a number of arguments, which can include the following:

  • Showing that an employer was negligent for not exercising due care and allowing employees to work with hazardous substances or allowing members of the public to come into contact with a hazardous substance.
  • Showing that the at-fault party’s actions, or lack of actions, led to a breach of duty of care. This could include the failure to provide personal protective equipment, failure to place adequate warning signs, etc.
  • Showing that a product did not have adequate warning labels to indicate to consumers the hazards associated with product exposure. This could include a product liability lawsuit for false advertising.

There are various parties that could be held liable in these situations. This could include:

  • The manufacture of a toxic product or the manufacturer of any machinery that exposed a worker or member of the public to a toxic substance
  • The owner of a home or premises where toxic chemicals caused a closure
  • Companies that store toxic chemicals in a way that poses a hazard to workers or the community
  • The manufacturer of any safety equipment meant to protect individuals from toxic exposure

Types of Compensation Available for a Toxic Tort Claim

There are a wide variety of injuries that can occur due to exposure to toxic substances. This can include, but is not limited to, the following:

  • Internal organ damage organ failure
  • Brain damage
  • Respiratory tract damage or respiratory diseases
  • Cardiovascular diseases
  • Cancers
  • Birth defects
  • Developmental delays in children

This is not an all-inclusive list of the types of injuries that can occur due to toxic exposure. However, any person injured due to the actions of employers or other parties who exposed them to toxins should be entitled to compensation. This can include coverage of their medical bills, lost wages, pain and suffering damages, loss of quality of life damages, and more. The total amount of compensation available in these cases will vary depending on the facts and circumstances surrounding each particular situation. A skilled Portland toxic tort claims attorney can help fully investigate the situation in order to help determine liability. Additionally, an attorney will work with trusted medical and economic experts who can help properly calculate the total expected losses in these situations.