For a successful cause of action in most toxic tort claims, the plaintiff must prove that:
- The defendant was responsible for exposing the plaintiff to the dangerous substance.
- The exposure led to the plaintiff's injuries and damages.
- The plaintiff was exposed to the dangerous substance.
- The substance is, in fact, a dangerous one.
- The substance caused the injuries.
- The chemical solution is created by mixing harmful/dangerous/toxic substances.
- The plaintiff was exposed to a substance that caused harm.
- The substance harms the plaintiff, causing harm or damage to them.
Causation in a toxic tort claim or lawsuit can be extremely challenging to prove, perhaps more so than other types of personal injury or product liability cases. Since most injuries caused by exposure to dangerous substances like Asbestos, Diesel Fumes, Cyanide, Formaldehyde, Mercury, Silica, and Mold often aren't apparent for years or even decades following the exposure, it's essential to work with medical experts who can conduct studies and tests that can identify these substances and provide corroborating evidence of causation.
There are five different types of waste- and exposure-related toxic tort cases, which are:
- Workplace or Occupational Exposure includes men doing jobs that involve dangerous toxins (such as roofing workers).
- Home exposure occurs when substances are carried from work to the places and spaces where individuals consume oxygen and food, such as mold, mildew or fungus, and formaldehyde-treated wood and carpet.
- Environmental exposure is an essential consideration in public health. People ingest harmful toxins in their drinking water or air. If consumed, these toxins can have detrimental effects on the human body. Understanding how these contaminants are formed, their lifespan within the human body, and their implications for human health can further study how to best alleviate these harmful effects.
- Pharmaceuticals are medications that are prescribed by physicians to be administered to patients for the treatment of illnesses or diseases. Drug side effects can be severe.
- Consumer products that are defective or harmful to consumers.
