Common Claims in Toxic Tort Cases.

Georgia B. Day

What can you do if you are exposed to, or injured by, a pharmaceutical drug, chemical, asbestos, black mold, oil spill, pesticide, or other harmful substance?

With the exception of any claim covered exclusively by worker’s compensation, the answer is that you may be able to bring a legal action to recover for your injuries.

Personal injury cases that seek redress for exposure to, and harm caused by, toxic substances are called “toxic tort” litigations. A “toxic tort” is a legal claim for harm caused by exposure to a dangerous substance.

Toxic Tort Cases.

The specific elements that a plaintiff must prove in a toxic tort case depend on the facts of the case and the legal theory the plaintiff is advancing. In other words, a plaintiff must prove different elements for a toxic tort based on negligence than one based on product liability.

However, there are some common claims that are advanced in most toxic tort cases. They are:

  • Negligence,
  • Strict Liability, and
  • Intentional misrepresentation or fraud.

As noted above, each of these legal theories requires the plaintiff to prove a number of different elements in order to succeed in his case. Generally speaking, however, a toxic tort plaintiff must prove these 3 essential elements:

  1. that the substance was dangerous,
  2. that the plaintiff was exposed to the substance,
  3. that the plaintiff was harmed by the substance.

This may sound simple, but it’s not. Toxic tort cases can be difficult and hard to prove. For example, in some cases (like exposure to asbestos) the plaintiff does not even know that he has been harmed by the toxin until years after the exposure.

In other cases, as in the situation where the plaintiff is exposed to asbestos but is a long-time cigarette smoker, it can be difficult to prove that it was the asbestos and not the cigarettes that caused his harm.

In all toxic tort cases, it is advisable to have knowledgeable and experienced counsel.

Injured? Call us ToDay.

If you have been injured due to exposure to a toxic substance, or think you may have been, contact us ToDay. We are experienced mesothelioma and personal injury attorneys in Baton Rouge. We offer FREE consultations and in many cases, we don’t get paid unless you win. We serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call 225-200-0000 ToDay to schedule your free consultation or contact us here.

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Justin A. Day

A proud graduate of Southern University Law Center and former president of the Phi Alpha Delta Law Fraternity, Justin is best known for providing his clients with the personal attention they need while fighting hard to get them the compensation they deserve. Justin and his team are not afraid to take on the tough cases or fight the good fight. Dedicated and tenacious, for over 18 years, Justin has consistently achieved superior results for the clients he serves.

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Georgia B. Day

Georgia B. Day

Georgia B. Day is an experienced personal injury and worker’s compensation attorney. A former Administrative Law Judge for the Louisiana Workforce Commission, Georgia is driven by a desire to obtain justice for individuals injured in the workplace and those who have been injured due to the carelessness of others. Georgia takes pride in providing her clients with the best possible representation. Polished and professional, Georgia is best known for her excellent work ethic, obtaining superior results, and her responsiveness to clients.

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