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Toxic Torts
Toxic Torts – Overview

Toxic torts is a special category of tort law that deals specifically with hazardous waste and toxic chemicals. Exposure to toxic chemicals takes years to manifest itself and, in some severe cases, it affects the next generation. Because of this time lag, it can be very difficult to prove exposure to toxic chemicals and, in many cases exposure is not limited to a single person or family. Thus, it makes sense to bundle the claims of several plaintiffs to create a class action suit or tort case.

The word tort refers to a legal course of action by a group of injured persons to seek damages through the courts due to a wrongful act of another person. In tort law, negligence is the most common basis for bringing a lawsuit and in tort cases, the plaintiff has to show that the defendant had a legal duty, that they failed to meet the duty, and the breach of this duty caused personal injury to the plaintiff.

In toxic torts, the cases are varied and can include industrial cases, where companies have illegally dumped hazardous waste, which in turn has contaminated the water table. Other cases could include workers that have been exposed to toxic chemicals or persons living near a chemical plant who have been exposed to toxic fumes. However, toxic torts can be difficult to prove and it is important for plaintiffs to keep good records, especially medical records, to prove the case.

 
 

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