3 Things That Can Give Rise To Toxic Tort Claims

A toxic tort claim is a personal injury case where the victim is alleging injuries caused by exposure to dangerous chemicals or substances. Toxic tort claims can be triggered by a variety of accidents in a variety of situations, but the following are some of the most common.

1. Exposure at Work

The workplace is where most people get exposed to toxic substances. Such exposure may occur in various ways; for example, you may be exposed:

  • Due to a toxic material used in the construction of your workplace
  • Due to a spillage of dangerous chemicals you used in your workplace
  • Due to the failure of the protective devices you use in your line of work

The Occupational Safety and Health Administration (OSHA) has laws and regulations to prevent toxic exposure in the workplace and employees also have a role to play, but injuries still occur. Don't forget to seek medical intervention first before seeking damage compensation for your injuries.

2. Exposure at Home

It's also possible for toxic exposure to occur at home. This may occur in the form of environmental hazards such as mold exposure or asbestos exposure or in the form of accidental exposure to toxic substances such as pesticides. In cases of home exposure, the landlord (assuming you are a renter), constructor, or previous owner of the home are some of the potentially liable parties. In some cases, liability may also fall on the manufacturer or distributor of the offending product.

3. Unintended Side Effects

There are also cases where you may have a valid toxic tort claim after experiencing an unintended side effect of a consumer product. This applies if you used the product as advertised, observed all the safety precautions, but still experienced side effects that the manufacturer or vendor never warned you about.

Take an example of a pesticide that the manufacturer has advertised with a mild side effect of nausea, but then gives you a major respiratory problem that requires hospitalization. Pharmaceutical products, such as pain medication or antidepressant drugs, are some of the products that have been associated with unintended side effects in the past. In case you experience such an injury, you can use a toxic tort claim to sue the manufacturer for damages.

Toxic tort claims tend to be complicated because many people don't understand the technicalities of poisons and the effect they can have on the body. You will, most likely, require the services of an expert witness to help you handle your case. This means you should also consult an injury lawyer like Nicholas B. Hall - Personal Injury Lawyer as soon as you suspect you have been poisoned by a dangerous substance.


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