Toxic Torts FAQ

What is a toxic tort?

A toxic tort is a legal claim for harm caused by exposure to a dangerous substance—such as a pharmaceutical drug, pesticide, or chemical. Most toxic tort injuries arise in one of the following ways:

• occupational exposure: when workers are exposed to toxins on the job (examples include asbestos, benzene, beryllium, and silica)
• pharmaceutical drugs: when prescribed drugs cause unintended side effects (learn more about product liability claims involving pharmaceutical drugs)
• exposure in the home: when people breathe or ingest harmful substances in their home, such as toxic mold, and
• consumer products: when people use products that cause unintended injuries or illnesses (including Roundup/glyphosate and other chemical-based products).

Learn more about the basics in our toxic torts overview.

How can I prove fault in a toxic tort case?

Plaintiffs in toxic tort lawsuits can use a number of legal theories to try to establish liability and receive compensation for their injuries. Some common claims in toxic tort cases include:

• Negligence. The plaintiff in a negligence claim must prove that 1) the defendant (perhaps a construction business owner whose employees worked with asbestos) had an obligation to use ordinary care toward the plaintiff or the general public, 2) the defendant's action or failure to act did not meet this duty (for example, the owner failed to provide workers with safety equipment to prevent inhalation of asbestos), and 3) the victim or the general public was injured as a result.
• Product liability. When a product is defective or unreasonably dangerous, or when the manufacturer fails to warn consumers of health and safety risks related to the product, manufacturers and sellers can be liable for any resulting harm to consumers under a product liability theory. An example of this kind of "toxic tort" case is the recent wave of Roundup-cancer lawsuits.
• Strict liability for ultrahazardous activity. In other toxic tort cases, certain behavior is deemed so dangerous that anyone engaging in it will be held legally responsible (strictly liable) for any damages that result (transporting dangerous chemicals could be one example). Toxic tort victims in these cases don't have to show that the defendant acted carelessly.
• Intentional misrepresentation or fraud. If a defendant knew that a substance was dangerous, but deliberately concealed the danger or marketed the product in a misleading way, a toxic tort plaintiff may have a claim for intentional misrepresentation or fraud.

Who can toxic tort victims sue for injuries and health problems?

Figuring out who's responsible for a toxic tort victim's exposure to a dangerous substance can be difficult. Plaintiffs generally sue anybody that had a link to the toxin, including:

• the manufacturer of the toxin
• the manufacturer of machinery that exposes workers to toxins
• the owner or lessor of a building or site that contains or emits a toxin
• companies that store toxins, and
• manufacturers of safety equipment intended to protect employees from toxins.

I recently became seriously ill from a dangerous chemical, but my exposure occurred years ago. Is it too late to sue?

An injured plaintiff must bring a lawsuit within a certain period of time after harm occurred—under laws called statutes of limitations. In toxic tort cases, many plaintiffs don't discover their injuries until many years after the harm occurred, because symptoms often take years to show up.

Luckily, most states follow the "discovery rule," which means the clock doesn't start ticking on the statute of limitations deadline until the plaintiff actually discovers the harm (or when the circumstances are such that the plaintiff reasonably should have discovered it). If you just recently became ill from your exposure to a dangerous chemical, meaning you just discovered that the chemical harmed you, it's probably not too late to sue. Contact a lawyer immediately.

Learn more about the statute of limitations.

I was exposed to asbestos on the job several decades ago and now have mesothelioma. Can I get compensated for my illness?

Probably. Mesothelioma, an often-fatal lung disease, is caused by prolonged exposure to asbestos. Lawsuits have established that the asbestos industry hid the health dangers of asbestos for decades, and workers were needlessly exposed to asbestos (a cancer-causing substance) as a result.

For this reason, if you suffer from mesothelioma because you worked with asbestos, you have a very good chance of recovering money damages for your illness—either from the company that manufactured or installed the asbestos or through an insurer or victims' compensation fund that has assumed liability on the company's behalf.

Learn more about mesothelioma and asbestos claims.

I spent many years working in a job that exposed me to heavy silica dust and now I'm very sick. Can I get compensation for my injuries?

Possibly so. Plaintiffs in silica lawsuits can use a number of legal theories to prove that an employer, manufacturer, or some other company is liable for silicosis and other injuries caused by silica exposure. Two of the more common are negligence and product liability.

For example, workers might allege that a manufacturer of a product containing silica (such as blasting sand) didn't act reasonably when it failed to warn employers and employees that the product contained silica and that silica is dangerous when inhaled. This theory might be especially effective in lawsuits by workers who became sick after being exposed to silica in previous decades, when the dangers of silica weren't well known or typically made public.

Plaintiffs can also use product liability claims against manufacturers of safety equipment. For example, if a ventilator is defective and fails to protect workers from inhalation of silica dust, workers could sue the manufacturer of the ventilator.

Do I need a lawyer for my toxic tort claim?

It's definitely a good idea to be represented by experienced legal counsel if you want to pursue a toxic tort claim. Typically, these claims involve special procedures and rules that don't apply in, say, a car accident case. Lawyers often specialize in different kinds of toxic tort claims, and they know how to guide you through the process efficiently while maximizing the compensation you recover.

If you think you have a toxic tort claim, here's how to find a lawyer who's right for you.