Toxic Torts and Mass Torts

Mass tort litigation involves the legal process of handling multiple individual lawsuits that arise from a common event or product. These mass tort lawsuits typically involve numerous plaintiffs who have suffered similar injuries or damages caused by the actions or products of one or more defendants.

Toxic tort litigation is a form of mass tort litigation that involves individuals or groups who have been harmed by exposure to toxic substances. These substances could be chemicals, pollutants, or other hazardous materials, and the harm could result from various sources such as environmental contamination, occupational exposure, or consumer products.

What are some key points regarding toxic tort litigation?

• Exposure to toxic substances—Plaintiffs in toxic tort cases generally claim that their health has been adversely affected by exposure to a toxic substance, whether by inhalation, ingestion, or skin contact.
• Types of harm—The harm alleged in toxic tort cases can vary widely, ranging from physical injuries such as respiratory problems, cancers, or neurological disorders, to property damage and economic losses.
• Causation—Establishing a causal link between the exposure to the toxic substance and the harm suffered by the plaintiff is a crucial aspect of toxic tort litigation. Plaintiffs must demonstrate that their injuries were directly caused by the defendant’s actions or products.
• Defendants—Defendants in toxic tort cases may include manufacturers, distributors, employers, property owners, or other parties responsible for the production, distribution, or disposal of the toxic substance.
• Legal theories—Toxic tort cases can be pursued under various legal theories, including negligence, strict liability, breach of warranty, and failure to warn. The specific legal theory depends on the circumstances of the case and the jurisdiction in which it is litigated.
• Scientific evidence—Toxic tort litigation often involves complex scientific and medical evidence to establish the connection between the exposure and the alleged harm. Expert testimony from toxicologists, epidemiologists, and medical specialists may be crucial in determining liability and damages.
• Remedies—Remedies in toxic tort lawsuits may include compensation for medical expenses, lost wages, pain and suffering, property damage, and punitive damages in cases of especially egregious misconduct.

Toxic tort litigation seeks to hold responsible parties accountable for the harm caused by exposure to toxic substances, and to provide compensation to individuals or communities affected by such exposure.

It often requires the specialized legal expertise and extensive factual and scientific investigation that can be provided by an experienced, qualified toxic tort attorney.