FAQs on Toxic Tort Law and Lawsuits


Posted November 18, 2017 by crowsonlaw

This article will examine frequently asked questions concerning toxic tort cases and lawsuits.

 
According to Health Grove Alaska Environmental Health statistics, the key statistics on toxic exposure include the following:

“Density of homes that may contain lead built before 1950: 6.7%
Annual rate of pesticide exposure incidents: 26 per 100000 people”

The article notes that, “a key aspect, in understanding childhood lead poisoning risk is the density of old housing concentration in your area. Lead paint and plumbing were most commonly used prior to 1950, when the risks associated with lead exposure was not understood.” It must be noted that the law has provided for toxic exposure or toxic tort lawsuits to be brought against manufacturers and manufacturing companies for personal injury suffered by individuals. This article will present frequently asked questions with respect to toxic tort cases and lawsuits with comments provided by a spokesperson and attorney from Crowson Law Group.

How can I prove fault in a toxic tort case?

The attorney stated that, “plaintiffs in toxic tort lawsuits can use a number of legal theories to establish liability, and receive compensation for their injuries.” Some of the common claims about toxic tort cases include:

According to Health Grove Alaska Environmental Health statistics, the key statistics on toxic exposure include the following:

“Density of homes that may contain lead built before 1950: 6.7%
Annual rate of pesticide exposure incidents: 26 per 100000 people”

The article notes that, “a key aspect, in understanding childhood lead poisoning risk is the density of old housing concentration in your area. Lead paint and plumbing were most commonly used prior to 1950, when the risks associated with lead exposure was not understood.” It must be noted that the law has provided for toxic exposure or toxic tort lawsuits to be brought against manufacturers and manufacturing companies for personal injury suffered by individuals. This article will present frequently asked questions with respect to toxic tort cases and lawsuits with comments provided by a spokesperson and attorney from Crowson Law Group.

How can I prove fault in a toxic tort case?

Negligence - in a negligence claim, the plaintiff must prove that:

-the defendant had an obligation to use ordinary care toward the plaintiff or the general public
-the defendant’s action or failure to act was in breach of their duty of care toward the plaintiff or the general public
-the victim or the general public was injured as a result of the breach of duty of care

Strict liability -in some toxic tort cases, a specific behavior is so dangerous that anyone engaging in it will be held legally responsible for any damages that result. In such cases, the victims do not have to show that the defendant acted carelessly.

Intentional misrepresentation or fraud - if the defendant knew that a substance or chemical was dangerous, but deliberately concealed this danger or marketed the product in a misleading way, then a toxic tort plaintiff may have a claim for intentional misrepresentation or fraud.

Who can I sue in a toxic tort case for my injuries and health problems?

It can be a difficult job trying to figure out, in a toxic tort, who is responsible for a victim’s exposure to a dangerous substance. Crowson Law Group attorney stated that, “With respect to toxic tort cases, plaintiffs generally sue anyone that had a link to the toxin, therefore, this includes the manufacturer of the toxin, the manufacturer of machinery that exposes workers to toxins, the owner or leaser of the building or site that contains or emits a toxin, companies that store toxins, and manufacturers of safety equipment intended to protect employees from toxins”.

What is a toxic tort?

According to the Cornell Law School Legal Information Institute, a toxic tort is “a personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages, and pain and suffering.” A toxic tort may include a pharmaceutical drug, a pesticide or a chemical. Most toxic tort injuries arise in one of the following ways:

- Occupational exposure
- Pharmaceutical drugs
- Exposure in the home
- Consumer products

If you have a personal injury as a result of toxic exposure, contact the best attorney in Anchorage AK for legal representation.
-- END ---
Share Facebook Twitter
Print Friendly and PDF DisclaimerReport Abuse
Contact Email [email protected]
Issued By Crowson Law Group
Website https://www.crowsonlaw.com/anchorage-law-firms/
Phone (907) 677-9393
Business Address Crowson Law Group 637 A St. Anchorage, AK 99501
Country United States
Categories Law
Tags best attorney in anchorage ak , top attorneys in anchorage alaska
Last Updated November 18, 2017