What is a toxic tort?

A toxic tort is a legal action arising from exposure to a hazardous or toxic substance. It is a type of personal injury claim that recognizes a party’s legal responsibility for damages caused by the mishandling of potentially harmful materials. In Texas, these torts are regulated by state law. In a toxic tort lawsuit, the plaintiff must show that the injury or illness was caused by exposure to a hazardous or toxic substance, and that the defendant is responsible for the harm. The plaintiff must also demonstrate that the defendant was negligent in failing to take necessary precautions to avoid harm or to warn of potential dangers. In some cases, the defendant may have a legal liability even if they didn’t do anything wrong. This is known as strict liability. To win a toxic tort case under strict liability, the plaintiff must show that they were exposed to a hazardous substance, and that the exposure caused their injury or illness. Injuries and illnesses resulting from toxic torts can range from short-term or long-term illnesses, respiratory and neurological problems, and even death. In Texas, the most common types of toxic torts are cases involving toxic exposure from industrial activities, such as emissions from oil refineries and chemical plants. Toxic torts are complex legal cases, and require experienced legal representation to win. If you or your loved one has been injured from exposure to a hazardous or toxic substance, contact a personal injury lawyer in your area who specializes in environmental law to discuss your legal rights and options.

Related FAQs

What is the collateral source rule?
What are the differences between a trial and an arbitration?
What are economic damages?
What is a civil case?
What is the difference between criminal and civil law?
What is a release of all claims?
What if the other party does not have insurance?
What is the difference between a settlement and a verdict?
What steps should I take if I'm injured in an accident?
What are the steps involved in a personal injury trial?

What is a toxic tort?

Related FAQs

Related Blog Posts