What is a Toxic Tort?

Toxic tort

While nearly any product has the potential to become a safety hazard, especially if it is damaged, worn out, or used incorrectly, certain hazardous substances are particularly likely to cause illnesses or injuries even when they are used as directed. These concerns are known as toxic torts. Here are some of the most important things to know about what toxic torts are and how the Law Office of Josh B. Maness can help you work through nearly any toxic tort case in East Texas. 

 

What Are Toxic Torts? 

Toxic torts occur when exposure to a hazardous substance results in an illness, injury, or death. These cases can involve everything from medications that were not tested sufficiently or did not properly notify consumers of potential significant side effects to health concerns that result from the use of lead paint, asbestos, and other hazardous materials. Many toxic tort issues are discovered after the fact when problems with products that were initially believed to be safe are found, but others may be the result of negligence if products are not tested properly or companies are not transparent with consumers when a safety concern is identified. 

Some of the many products and situations that can be associated with toxic tort claims include: 

  • Pesticides and cleaning products 
  • Prescription medications 
  • Lead paint 
  • Tobacco products 
  • Asbestos 
  • Beryllium (a type of chemical that strengthens various types of metals) 
  • Chemical dumping 
  • Mold poisoning 
  • Certain fumes and gases 

Some products that are known to have potential risks can still be approved for distribution, such as medications that may cause serious side effects or cleaning supplies that should only be used with certain safety precautions. However, companies must provide clear warning labels that identify any known risks that may be associated with their use, and failing to do so may result in a toxic tort case.

Is Legal Assistance Needed With Toxic Tort Cases? 

Obtaining legal assistance is an important step in making sure you have the resources you need to handle any medical expenses, lost wages, and other needs that are associated with exposure to a particular substance. In addition to making sure your immediate needs are covered, the right legal assistance can help to hold companies accountable for fixing known problems and making changes to prevent similar issues from occurring in the future, especially if they are determined to be the result of negligence. 

Many toxic tort cases are also linked to widespread issues that have the potential to cause similar health concerns for anyone else who has used a particular product, which means that working with an experienced legal team can play an important role in informing other consumers about known issues and reducing their overall impact. This can be particularly true if you are among the first to experience a health concern that is later determined to be widespread. 

Burden of Proof in Toxic Tort Cases

Taking legal action against a company that produces and distributes a harmful product requires having sufficient proof that an individual's illness or injury is directly linked to their exposure to that substance. A toxic tort attorney can work with you to compile as much evidence as possible that supports the specific cause of your medical condition, describes the scientific basis for why a particular substance is capable of causing a specific illness or injury, and identifies specific reasons why the company or individual's actions (or inactions) prove negligence or liability.

Choose the Law Office of Josh B. Maness for Experienced Toxic Tort Assistance in East Texas 

At the Law Office of Josh B. Maness, we prioritize helping our clients obtain compensation and work toward keeping other consumers from experiencing the same problems in nearly any type of toxic tort case. No matter what type of harmful substance you were knowingly or unknowingly exposed to, our team is here to help you evaluate your options for covering your medical expenses and making sure any other relevant needs are met. Contact us today to learn more about what to expect when handling toxic tort cases in East Texas or to schedule an appointment.

 

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