| 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. |