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Caufield & James, L.L.P

Serving clients in Hawaii and throughout California, including Sacramento, Los Angeles, Chico, Jackson and San Diego

Call Us Now Toll-Free

What gives rise to a ‘toxic tort’ claim?

What gives rise to a ‘toxic tort’ claim?

| Sep 9, 2020 | Environmental Law |

Torts are civil wrongs that through negligence or carelessness cause another party to suffer damages. People in the San Diego area may know that a tort claim could be based on various situations, such as a car crash or defective product. However, one type of tort claim that causes significant damages is a “toxic tort.”

What constitutes a toxic tort claim?

Toxic torts take place when a party is exposed to a toxic substance. While state law varies, there are generally three elements that must exist to support a toxic tort claim. First, the substance at issue must be dangerous. Second, the party pursuing the claim must have been exposed to the dangerous substance. Third, the party pursuing the claim must have suffered damages due to exposure to the dangerous substance.

What are some substances that could form the basis of to a toxic tort claim?

There are a variety of substances that could be at issue in a toxic tort claim. For example, exposure to asbestos could lead to cancer and lung disease. Certain pesticides can cause birth injuries. Toxic landfill waste could lead to cancer and other diseases. Finally, exposure to certain industrial chemicals can harm an individual. This list is not all-exhaustive, there are many types of toxic substances that can cause harm.

Seek help with your toxic tort claim

This post is only a general overview of toxic torts. It cannot serve as the basis for a legal filing and cannot guarantee any outcome in any specific case. Toxic torts can be very complex claims, and they can be challenging to win. Thus, those who believe they have been injured by a toxic substance will want to seek the assistance necessary to understand their options moving forward.

 

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