When the blatant disregard of a company for the health and well-being of the public results in the injury of numerous individuals, it is only natural for people to react with anger and a need for justice. Toxic torts are lawsuits against the parties responsible for personal injury due to the production or dumping of toxic materials which pose a health concern to others.
All too often, companies seek methods to skirt the regulations that are put in place to safeguard the rest of society and the only way to force them to change their policies is to hold them accountable for the damage that they have done to hard working families who have been harmed due to their negligence.
Toxic Substances that Pose a Risk to General Health
While the use of chemicals is commonplace in industrial processes, the use and disposal of certain materials pose a much higher risk of harm than others. The materials that pose the greatest concern against the health of those exposed to them include the following.
- Asbestos— commonly used as a flame retardant and in the automotive and ship construction industries, long term exposure to asbestos fibers can cause conditions such as asbestosis and mesothelioma.
- Benzene— a hydrocarbon that is a critical component of gasoline and used during the refining of crude oil. Extended exposure to benzene has been shown to cause leukemia and damage to the body’s internal organs.
- Toxic substances in paint— paint contains numerous chemicals that pose a danger if inhaled or ingested. These substances include methyl alcohol, ethanol, xylene and benzyl alcohol. Exposure to these chemicals can cause immediate symptoms such as difficulty breathing and swelling of the throat and may also cause additional complications such as abdominal pain, vision loss, low blood pressure and burns to the skin.
- Cleaning compounds— many cleaning compounds contain toxic ingredients and employees who must use these compounds on a regular basis must be provided adequate safety equipment to protect themselves from exposure. The failure of an employer to provide this equipment is against the law and makes the employer liable for any injuries that occur to employees using the toxic substances the equipment would reduce exposure to.
Proving Negligence in a Toxic Tort Case
Admittedly so, toxic tort cases are extremely difficult to prove given that much of the evidence can be circumstantial. In order to successfully prove the defendant is responsible, a verifiable link needs to be created between the company or companies being sued, the substance that caused the injury and the injury itself. To make these connections requires the testimony of credible medical professionals and those who have extensive knowledge regarding environmental hazards such as geologists or meteorologists.
While toxic tort cases do prove to require deeper investigations, more patience and legal expertise, it is still recommended that you pursue a case if you have reason to believe that you have been injured due to the negligent use of toxic materials or the failure of a company to take measures to protect you from danger. The damages that can be awarded should your case be successful include compensation for you or a loved one’s medical bills, pain and suffering, loss of income, diminished quality of life, wrongful death and possible punitive damages if it is determined that the company acted especially negligent and should be punished in order to discourage others from repeating the same actions in the future for fear of repercussions.
The Rosenfeld Injury Lawyers LLC are a leading personal injury law firm and our attorneys are not only qualified and experienced, but are professionals who will always treat you and your case with the fairness and respect that is deserved. Contact us today to schedule a free consultation with one of our toxic tort lawyers and we will be happy to look into your case and let you know more about your rights at no obligation to you. We understand that you have a lot of questions and will be happy not only to answer each of them but also to let you know exactly what to expect from your case and how best to proceed and because we are confident in our ability to serve your interests, we will never ask you to remit payment upfront and will only require payment should we secure compensation on your behalf.