Who is Liable for Toxic Torts?

Some of the most serious injuries suffered by accident victims involve exposure to toxic substances. While in many cases, this may take the form of exposure to a dangerous chemical that is being transported by a commercial vehicle, it could also involve a gas leak caused by improperly maintained gas lines. In either case, it is important for those who have been affected by a toxic substance to first identify the entity that caused the problem and then seek compensation for their losses. Obtaining legal representation from an experienced personal injury attorney is often crucial to the outcome of this type of case.

Intentional Harm

When injured by exposure to a toxic substance, such as hazardous waste, dangerous chemicals in the water, or asbestos in building materials, it is possible for the affected party to hold the at-fault individual or company liable for damages by asserting a legal claim of negligence, strict liability, fraud, or even intentional harm. The type of claim that a person raises will largely depend on the actions of the defendant. For instance, if a claim involves allegations of intentional harm, the injured party will need to prove that the company or entity in question purposely placed toxic materials or substances in an area where a person would encounter them and suffer an injury. This type of claim is especially common in cases where a manufacturer deliberately concealed the possible dangers of using a certain type of material or product.

Strict Liability

Strict liability claims, on the other hand, require proof that a defendant engaged in certain forms of behavior that were inherently dangerous. In these situations, plaintiffs are not required to provide proof of negligence. Instead, evidence that a defendant acted in a certain manner is sufficient to invoke liability.

Negligence

Negligence is perhaps the most commonly depended upon legal concept for victims of toxic torts. These cases are most often focused on recovering compensation for a victim who suffers from a health issue as a result of someone else’s negligent conduct, which in turn, led to the victim’s ingestion, inhalation, or physical contact with a toxic substance. Whether the at-fault party is an employer, a person, or a company, the victim will need to demonstrate that the defendant had an obligation, in the form of a duty of care, to prevent such injury to the plaintiff. A breach of this duty that caused an injury can then open the defendant up to liability for the plaintiff’s injuries. This could take the form of an equipment failure, or a failure to abide by safety protocols. In the majority of these types of cases, the negligent party is an employer that failed to protect its employees, or a company that used toxic materials in an area nearby a neighborhood or school.

The Legal Representation You Deserve

If you were injured after being exposed to a toxic substance, please contact the dedicated Florida personal injury lawyers at Boone & Davis to learn more about your legal options. You can reach us by calling 954-566-9919 or by completing and submitting one of our brief online contact forms.

Resource:

americanbar.org/content/dam/aba/uncategorized/tips/products/13_products_fall_newsletter_noreg.authcheckdam.pdf