Toxic tort

Atoxictortclaim is a specific type ofpersonal injurylawsuit in which theplaintiffclaims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease.

Place of exposure

People may be exposed to toxicchemicalsor similar dangerous substances frompharmaceutical products,^[1]consumer products, the environment,^[2]or in the home or at work.^[3]Many toxic tort cases arise either from the use of medications, or through exposure at work.

Occupational exposure

There have also been many occupational toxic tort cases, because industrial and other workers are often chronically exposed to toxic chemicals - more so than consumers and residents. Thousands of toxic chemicals are used in industry and workers in these areas can experience a variety of toxic injuries. Unlike the general population, which is exposed to trace amounts of thousands of different chemicals in the environment, industrial workers may be regularly exposed to much higher levels of chemicals and therefore have a greater risk of developing disease from particular chemical exposures than the general population.

An occupational toxic injury case may result in aworkers' compensationclaim, which is made against the worker's employer. The same injury can potentially support a toxic tort case against "third parties", that is, people or entities other than the employer, such as manufacturers or distributors of chemicals, substances or equipment that exposed the worker to the chemicals, or the people or entities in control of the premises where the worker was exposed to the toxic chemicals.

Pharmaceuticals

Pharmaceutical injuries can occur when a person is injured by a dangerous, defective or contaminated medication. Many pharmaceutical toxic injury cases aremass tortcases, as most medications are consumed by thousands of people. The cases are often litigated againstdrug manufacturersand distributors, and potentially againstprescribingphysicians. When prosecuted against drug manufacturers and distributors, pharmaceutical toxic tort cases differ frommedical malpracticesuits in that pharmaceutical toxic tort cases are essentiallyproduct liabilitycases, the defective product being the drug.

Injury at home

The home has recently become the subject of toxic tort litigation, due to exposure tomold contamination,construction materials such as wood or carpeting treated withformaldehyde,andpesticides,and lead paint. Some imported consumer items, such as toys and ceramics, may be produced with dangerously high levels of lead.

Environmental exposure

People may also be injured from environmentaltoxinsin the air or indrinking water.

Common chemicals in toxic tort cases

When a toxic tort case is based on chemical exposure, the following chemicals may be involved:

Nerve agents(includingsarin)
Mercury
Asbestos
Benzene
Beryllium
Dioxins and dioxin-like compounds/Agent Orange
Manganese
Polychlorinated biphenyl(PCB)
Pesticides
Silica
Hexavalent chromium
Chromium(III) oxide

Common diseases in toxic tort cases

Among the medical conditions that may be alleged to be caused by exposure to a toxic substance, the following may be claimed in toxic tort cases.

References

^Flanders, S.L. (2007)."A Tough Pill to Swallow: The Insurmountable Burden in Toxic Tort Claims Against Manufacturers of Children's Medications".Journal of Law and Policy.16:305–355.Retrieved25 August2017.
^Rabin, Robert L. (January 1987)."Environmental Liability and the Tort System".Houston Law Review.24:27–53.Retrieved25 August2017.
^Blanc, Paul D. (2007).How Everyday Products Make People Sick: Toxins at Home and in the Workplace.University of California Press.ISBN 9780520261273.Retrieved25 August2017.

External links

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[1] Flanders, S.L. (2007)."A Tough Pill to Swallow: The Insurmountable Burden in Toxic Tort Claims Against Manufacturers of Children's Medications".Journal of Law and Policy.16:305–355.Retrieved25 August2017.

[2] Rabin, Robert L. (January 1987)."Environmental Liability and the Tort System".Houston Law Review.24:27–53.Retrieved25 August2017.

[3] Blanc, Paul D. (2007).How Everyday Products Make People Sick: Toxins at Home and in the Workplace.University of California Press.ISBN 9780520261273.Retrieved25 August2017.

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