Toxic Tort: How to Pursue a Case of Chemical Exposure by a Product or Business

In 1991, a train derailed on the Cantara Loop near Dunsmuir, releasing 19,000 gallons of herbicide into the Upper Sacramento River. Then in 1993, a railcar ruptured and released a white cloud of sulfuric acid into the sky, creating a cloud 1,000 feet high and eight miles wide. These tragic instances and the people injured from resulted in toxic tort claims. Thankfully since then, California has made significant strides in creating a safer and cleaner place for its citizens to live, but this doesn't mean that toxic torts don't happen. 

If you believe that you have a toxic tort claim, use this guide to learn how to file your lawsuit. 

Do You Have a Toxic Tort Claim?  

A tort claim arises when someone is injured or wrongfully killed from exposure to harmful chemicals. Common chemicals that can cause harm include: lead paint, radiation, asbestos, pesticides, and minerals. 

Identify Common Injuries in Toxic Tort Cases 

Injuries are not always immediately apparent, sometimes it can take months or years before a person realizes their exposure has caused harm. Be sure to confirm with your doctor that your injuries are a result of chemical exposure. 

You can recover non-economic and economic damages. You must prove a precise dollar amount for your economic damages. 

Locate the Cause of Your Injuries 

To bring a case, you need to know how you were exposed. There are four common situations that toxic torts fall into: work, home, consumer products, and pharmaceutical drugs. 

You need to know how and when you're exposed to help your toxic tort lawyer develop the appropriate legal theory against the right defendant. 

Develop a Legal Theory 

Tort lawyers will ask about the circumstances surrounding your injury, which will help them determine which one of these legal theories is the best fit. 

Negligence 

There are three elements to a negligence claim: the other party owed a legal duty, the other party breached that legal duty, and that breached caused you harm. 

An example of negligence could be an employee being exposed to dangerous chemicals because their employer failed to provide them with the proper protective gear or failed to inform them of the damage the materials could cause. The employer owed their employee the legal duty of providing them information and protective gear and breached that duty by not doing so. This resulted in harm to the employee due to this breach.

Strict Liability 

In a strict liability claim, you don't need to prove a breach. Some activities are so dangerous that the company is liable regardless of who was negligent.  An example of this would be a company knowingly producing a weed killer that is linked to cancer in the people who have used it. 

Intentional Misrepresentation or Fraud 

If the company knows a substance is dangerous and conceals this fact, they could be liable for misrepresentation or fraud. This can apply to employees working with a chemical or consumers buying and using a product. 

Workers' Compensation Claim 

Injuries occurring while on the job qualify for a workers' compensation claim. All California companies are required to have workers' compensation insurance. This no-fault insurance system means you don't have to prove employer fault to recover for your injuries. 

Statute of Limitations 

You have two years from the date of your injury to file your claim. After this, your case is dismissed, and you won't recover. 

File Your Toxic Tort Claim Today 

If you believe that you've suffered an injury from exposure to chemicals, then you may have a toxic tort claim. The sooner you speak with experienced toxic tort lawyers, the better. They will be able to assess your case and determine the best course of action for you to seek recovery for your injuries. 

Schedule a consultation today and let 20 years of legal experience work for you.