Toxic Torts Law Law and Legal Definition

A toxic tort is a tort caused by contact with a toxic substance. Because of the deveolpment in corporate industry, the number of dangerous, toxic substances in our environment has grown exponentially. Some of the toxic tort lawsuits involve lead-based paint, asbestos, dry cleaning and other solvents, pesticides such as dioxin and DDT, electro-magnetic fields from utility wires or major appliances, toxic landfill waste, breast implants, various drugs and pharmaceuticals such as DES and tainted L-tryptophan ,common industrial chemicals such as benzene and PCBs heavy metals, and other chemicals such as mercury and arsenic.

A plaintiff injured by the adverse effects of toxic exposure must prove their case by a preponderance of the evidence (the exposure more likely than not caused the injury complained of). Toxic tors litigation often involves a battle between the expert evidence of the opposing parties. A plaintiff who proves that he or she was exposed to a toxic substance because of the negligence or carelessness of another is entitled to be compensated for:

  • the cost of past and future medical care
  • the cost of necessary rehabilitation
  • loss of past and future wages
  • loss of earning capacity and related fringe benefits
  • loss of enjoyment of life
  • pain and suffering associated with the toxic exposure
  • embarrassment, humiliation, and inconvenience