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LSDefine
Simple English definitions for legal terms
toxic tort
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A quick definition of toxic tort:
A toxic tort is a type of lawsuit where someone gets hurt because of a dangerous substance. This can include things like chemicals, drugs, tobacco, or fossil fuels. To win a toxic tort case, the person who got hurt needs to show that they were exposed to the dangerous substance, that the person or company who made or used the substance is responsible, that they got sick or hurt because of the exposure, and that the exposure caused their injury. These cases can be complicated, and often need experts to explain what happened. Sometimes, lots of people get hurt by the same substance, and they can all join together in a big lawsuit called a class action.
A more thorough explanation:
A toxic tort is a type of legal case where a person is injured by exposure to a harmful substance. This can include things like chemicals, drugs, tobacco, and fossil fuels. To win a toxic tort case, the person bringing the case (the plaintiff) must show that:
- They were exposed to a harmful substance
- The defendant is responsible for their exposure
- They have suffered or are suffering from the exposure
- Their injury was caused by the exposure
For example, if a person develops lung cancer after being exposed to asbestos at work, they may bring a toxic tort case against their employer.
Because toxic tort cases can be complicated, expert testimony is often used to help prove the case. The expert will explain how the substance caused the injury and how the defendant is responsible. However, the defendant may challenge the credibility of the expert witness.
Mass toxic tort cases can also occur when many people are injured by the same substance. For example, if a chemical spill contaminates a town's water supply and many people become sick, they may bring a class action lawsuit against the company responsible for the spill.