A toxic tort is an injury caused by a toxic substance due to negligence or wrongdoing by another party. Typically, most cases of toxic torts involve a group of individuals against a corporation or large entity that is responsible for the chemical pollution in a community. A toxic tort may be determined years after the initial exposure to the chemical substance because of the long latency period during which the body processes these deleterious effects. Proving a toxic tort claim is often difficult without the help of an experienced toxic tort attorney.
Different Toxic Substances
A toxic tort can be the result of exposure to a number of different toxic substances. Lead-based paint, asbestos, toxic solvents, industrial chemicals, landfill waste, pesticides, or electro magnetic fields in an area where people dwell all pose a serious threat to human health. Exposure to these chemical toxins can result in serious health complications such as lung cancer, brain damage, leukemia, birth injury, or vital organ damage. These health complications can be permanent and irreversible once detected.
A toxic tort is usually the result of a corporation or chemical substance maker’s failure to ensure the proper safety of those exposed to the toxin. In cases of negligence leading to personal injury, the corporation or manufacturer of the toxic substance will typically be held liable for the damages caused by the unregulated substance.
Preventing Toxic Tort
There are many precautions that can be taken by the individual to prevent a toxic tort. By minimizing contact with and by living away from refineries, rail yards, landfills, and electrical towers and chemical plants, you can ensure you are taking the necessary precautions. However, sometimes these actions are not always possible. Also, ensuring that your home does not have lead-based paint and that your flooring, walls and ceilings are in good condition can help protect you and your family from exposure to harmful chemicals.
A toxic tort can often be a difficult case to prove because of the reluctance of large corporations to admit fault and the length of time usually involved in between the exposure and the injury. This is why a Henderson and Las Vegas toxic tort attorney can be an instrumental part of your toxic tort claim. A toxic tort attorney can help organize your legal issues and maximize your potential in a case against large and powerful defendant.