Toxic tort is a legal term which refers to a civil case in which a plaintiff sues a defendant based on harm caused by exposure to a hazardous material. The term itself comes from the Latin words tortus, meaning “wrong,” and toxicus, meaning “poisonous.” Most common toxic tort cases involve product liability, arising from exposure to a hazardous product such as asbestos.
In the last few decades, we have seen a dramatic increase in the volume of cases involving injury due to exposure to hazardous and toxic chemicals. These cases usually involve corporations which have negligently exposed the public to dangerous substances, resulting in illness, injury, and death. The recent lawsuit over the groundwater contamination of PFOA/PFAS is an example of such a case.
What Are the Legal Elements of a Toxic Tort Case?
A successful toxic tort lawsuit must establish all the legal elements of a regular civil lawsuit. These include proving that the defendant had a duty to the plaintiff, that there was a breach of that duty, that the breach actually caused damage to the plaintiff, and that there are recoverable damages.
For a toxic tort claim, plaintiffs must also demonstrate that their injury was specifically caused by exposure to a hazardous product or substance. The plaintiff must provide evidence that the defendant knew or should have known that the product or substance was liable to cause harm.
How Can Companies Protect Themselves From Toxic Tort Claims?
The best way for companies to protect themselves from toxic tort is to be proactive in addressing potential sources of pollution. Companies should take steps to identify, measure, and monitor hazardous materials, conduct risk assessments, and develop comprehensive safety protocols.
Companies should also become familiar with the various laws dealing with hazardous substances, such as the Resource Conservation and Recovery Act (RCRA). Rooted in the law, these strategies can help reduce a company’s legal liability when it comes to pollution exposure.
Toxic torts can mean costly damages for corporations that fail to take the proper steps to protect against and manage potential liability. By understanding this legal landscape and taking the necessary precautions, companies can better protect themselves from potential lawsuits and serious financial losses.