Legal Definitions - toxic tort

A toxic tort is a type of civil lawsuit where an individual or a group of people seek compensation for injuries, illnesses, or death caused by exposure to a harmful or poisonous substance. It falls under the broader category of "torts," which are civil wrongs that result in harm or injury, leading to legal liability for the person who commits the tortious act.

In a toxic tort case, the plaintiff (the injured party) must typically prove several key elements:

• They were exposed to a specific toxic substance.
• The defendant (the party being sued, such as a manufacturer or property owner) was legally responsible for that exposure.
• They suffered a genuine injury, illness, or adverse health effect.
• There is a scientifically supported connection, known as "causation," between the exposure to the substance and their specific injury. This often requires extensive scientific and medical evidence, including expert testimony, to demonstrate that the substance is generally harmful and that it specifically caused the plaintiff's condition.

These cases can be complex due to the scientific challenges of proving causation, especially when illnesses develop over long periods or have multiple potential causes. They can involve a single individual or, in cases affecting many people, may be brought as "mass toxic torts" or class action lawsuits.

Example 1: Contaminated Drinking Water

• Imagine a small town where residents begin to experience a higher-than-average incidence of certain cancers and birth defects. An investigation reveals that a nearby industrial facility had been improperly disposing of a specific chemical solvent for decades, which subsequently leached into the local aquifer, contaminating the town's drinking water supply.

• How it illustrates a toxic tort: The affected residents could file a toxic tort lawsuit against the industrial facility. They would claim that their health problems were directly caused by prolonged exposure to the toxic chemical in their drinking water, for which the facility is legally responsible due to its negligent waste disposal practices. Expert hydrologists and medical toxicologists would be crucial to establish the link between the facility's actions, the water contamination, and the residents' specific health conditions.

Example 2: Harmful Consumer Product

• A person purchases a new brand of household cleaning spray and, after using it regularly for several months, develops a severe, chronic respiratory condition that their doctors attribute to chemical exposure. They discover that the product contained an unlisted chemical compound known to cause lung damage when inhaled, and the manufacturer failed to provide adequate warnings on the label.

• How it illustrates a toxic tort: This situation could lead to a toxic tort claim against the cleaning product manufacturer. The individual would argue that their respiratory illness was caused by inhaling the toxic chemical in the spray, and that the manufacturer is liable for failing to properly test the product, disclose the hazardous ingredient, or warn consumers about the potential health risks. Medical experts would testify to the link between the chemical and the specific lung damage suffered.

Example 3: Workplace Chemical Exposure

• Employees at a semiconductor manufacturing plant begin to suffer from unusual skin rashes, nerve damage, and vision problems after a new chemical compound is introduced into the production process. They allege that the company failed to provide proper ventilation, adequate personal protective equipment, or sufficient training on handling the new substance, leading to their direct exposure.

• How it illustrates a toxic tort: The affected employees could pursue a toxic tort lawsuit against their employer or the chemical supplier. Their claim would be based on the argument that their injuries were caused by exposure to the new toxic chemical in the workplace, and that the responsible parties were negligent in ensuring a safe working environment or providing a safe product. Occupational health specialists and industrial hygienists would provide expert testimony to connect the workplace exposure to the employees' specific health issues.