Preserving Justice: Defending Toxic Tort
Toxic torts can be a complicated matter to pursue in court, and oftentimes, these cases go into significant depth concerning the actions that took place, the defendant’s responsibility, and other factors to consider.
Let’s cover the basics of toxic torts and defending toxic torts.
What Are Toxic Torts?
A tort is a civil issue that includes injuries, financial ordeals, or other problems that were brought on by the negligence of another individual or group. When a tort takes place, the injured or affected party is usually entitled to some form of compensation to remedy the issue.
A toxic tort is one that was caused by exposure to a toxic substance of some kind. Toxic torts are not uncommon, as there is a massive amount of toxic substances in today’s environment.
Toxic Tort Considerations
According to toxic tort law, people who are suing in a toxic tort case must prove certain elements of the case. The proofs required can differ from state to state, but in general, they include proving that the substance in question poses a threat, the plaintiff was exposed to this substance, and harm was done to the plaintiff as a result.
Time is also an important factor to consider in toxic tort cases, and unfortunately, the more time that passes, the more difficult it can become to obtain evidence. However, sometimes the effects of toxic substance exposure take years to develop, which makes the process even more complicated. This is especially true when a statute of limitations applies.
Toxic Tort Examples
Toxic tort cases are nothing new, as environmental law firms have tackled several high-profile cases involving toxic substance exposure within the past few decades. Examples of toxic materials covered in legal cases include:
Asbestos
Pesticides
Cleaning Solvents
Lead-based Paints
Pharmaceutical Drugs
Defending Toxic Torts
Defending toxic torts is often just as complicated as pursuing this type of case. Toxic tort lawyers typically approach a legal defense for their clients in the following ways.
● Pointing out the Assumption of Risk, which shows that the plaintiff had been warned about the potential dangers associated with the substance in question before the injury occurred
● Showing Contributory Negligence, which states that the plaintiff in the case behaved in an irresponsible way, which added to the injuries sustained
● Determining the Statute of Limitations, which is a legal term that means a certain amount of time has passed between the date of the injury and the date of the case’s filing. In many states, a toxic tort case can’t be pursued if a certain number of years have passed.
Toxic torts are a unique sort of legal proceeding, but if you find yourself or your company on the receiving end of this case type, it’s crucial that you reach out to experienced environmental attorneys for representation. At Montiel Hodge, our team can help you navigate the legal proceedings ahead and guide you toward the best possible outcome.
