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What is a Toxic Tort?

By Butler Prather LLP on May 5, 2021

What happens if a person is injured due to exposure to a dangerous substance?

This can be a challenging question to answer, and the facts and circumstances surrounding each particular situation of exposure will be very important. In some situations, individuals harmed due to exposure to a dangerous substance may need to file a toxic torts lawsuit in Georgia. These cases can become incredibly complicated. Here, we want to briefly discuss how toxic tort injuries occur as well as why an attorney is necessary for these cases.

Toxic Tort Claim Basics

People who have been exposed to hazardous materials or pollution may be able to receive compensation from the individuals or entities responsible for the exposure. There are various laws and regulations that govern how toxic materials are supposed to be handled and disposed of. If toxins and chemicals are handled improperly, the soil, water, homes, work environments, and more can become contaminated. Exposure to serious health complications can cause serious injuries or even death.

There may be various types of compensation available to those who have been exposed to toxic chemicals or environmental pollutants. Some of the damages that can be claimed in a toxic tort case include the following:

  • Physical injuries/toxic exposure. If a person’s health has been adversely affected because of exposure to toxic chemicals in their workplace, their home, in their drinking water, or anywhere else, then they may have the right to recover compensation for the injuries they have suffered. This can include covered of their medical bills, lost income if they cannot work, pain and suffering damages, and more. Exposure to toxic chemicals or pollutants could lead to significant injuries, including the following:
    • Brain damage
    • Various types of cancer
    • Respiratory diseases
    • Immunodeficiencies
    • Internal organ damage or organ failure
    • …and more
  • Damage to business. If you own a business and your commercial property has been damaged due to environmental contamination, then you may have a toxic tort claim against the at-fault party.
  • Contamination to property. If your property has been affected by a toxic substance or chemical, or if your property value has been diminished by water pollution, groundwater contamination, soil pollution, or another type of environmental contamination, you may have a financial claim against the parties responsible.

There may be various parties responsible for injuries or property damage caused by toxic exposure. All employers are required to take steps to keep their employees safe. Any employee exposed to hazardous chemicals in the workplace will likely be entitled to workers’ compensation benefits or compensation through a successful third-party lawsuit against the responsible entity.

Businesses or homeowners whose property has been affected by toxic chemical exposure could file a claim against the industry or agency responsible for the chemical toxin exposure.

How to Determine Liability in a Toxic Tort Case?

It is important to have a skilled toxic tort attorney in Georgia by your side in these situations. An attorney will understand the complexities of state and federal laws concerning regulations around toxic chemicals. Attorneys will also work with engineers, toxicologists, geologists, medical doctors, and more when working to determine the liability of the alleged at all parties. It is incredibly important to accurately calculate the total expected losses of the victims in these cases in order to pursue a toxic tort claim in Georgia properly.

Posted in: Premises Liability

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