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Personal Injury: Toxic Tort Cases
9/2/2009 8:33 PM Personal Injury: Toxic Tort A toxic tort is a legal term of art covering a wide array of personal injury claims including cases involving toxic mold, chemical exposure, products liability, real estate/construction remediation and environmental law claims. These cases typically turn on expert testimony in the particular field at issue and can be won or lost in the discovery phase of the litigation. Victims of toxic torts often require specialized medical treatment and long-term health care. Unlike most personal injury cases, the health issues involved in toxic tort cases may be latent and unknown to the victim for months or even years. In these long-term latency exposure cases, it is imperative that the victim receive proper medical treatment.
Because of the complex sets of fact typically involved in toxic tort personal injury cases, expert testimony is often required in order for the plaintiff to sustain his/her burden of proof. For example, in cases involving a chemical release, it may be necessary to employ a toxicologist to analyze the particular chemical components at issue to determine the potential long-term health effects, if any, resulting from the exposure. In the same case, however, it may be necessary to employ a forensic scientist to help reconstruct the environment in which the exposure occurred. In addition, the legal standard or burden of proof in toxic tort cases often varies from that of run-of-the-mill personal injury claims. For instance, in some exposure cases, like those involving the release of hazardous chemicals, there may be a strict liability burden placed on the defendant. Similarly, in long latency exposure cases such as those involving asbestos exposure where the plaintiff may be suffering from debilitating injuries such as mesothelioma, the manufacturer of the asbestos product may be held strictly liable for injuries resulting from its product. Whereas, the supplier or seller of the same product may be held to a lesser standard, one which often requires that the plaintiff show that the defendant had constructive knowledge of the dangers associated with the particular product. In sum, there is a litany of types of personal injury toxic tort cases and, as such, it is important to consult with an attorney/lawyer regarding your particular claim as soon as you realize that you may be suffering from injuries as a result of a toxic exposure.
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