What Is A Toxic Tort?

A toxic tort is a personal injury lawsuit involving claims of an exposure that resulted in illness, injury or death. It’s important to reduce the likelihood of toxic torts by understanding the hazard and controlling it. Then, seek expert litigation support in the event of a lawsuit.

These civil cases involve allegations of harm from materials such as consumer product contaminants, occupational hazards, environmental pollutants or pharmaceutical drugs. A toxic tort is often filed as a class action lawsuit and is commonly based on strict liability or negligence.

A toxic tort claim typically requires plaintiffs to prove that a specific substance caused their illness and that the defendant is responsible for their exposure to the substance.

What Is an Example of a Toxic Tort?

These are common examples of toxic torts:

• Exposure to Asbestos followed by claims of mesothelioma or lung cancer
• Pesticides that are suspected cancer-causing agents
• Paint that has been associated with lead poisoning
• Potential undisclosed side effects of pharmaceutical drugs
• Injuries or deaths believed to be due to inadequately labeled or inadequately tested medical devices, or food and beverage products
• Health issues following exposure to industrial toxins or contaminated water
• Mold and respiratory complications

How to Proactively Manage Tort Exposure 

The following precautions can help proactively manage toxic tort liability:

Strict Regulatory Compliance and Employee Safety 

Adhering to Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and local regulations is vital. Pay close attention to regulations regarding safe storage, disposal and handling of hazardous materials. It’s also important to train employees on safe procedures, hazard recognition and control and the use of personal protective equipment (PPE). 

Clear Labeling and Documentation 

Clearly label all hazardous materials and products to identify risks and have robust safety data sheets (SDSs) which should reduce the likelihood of failure-to-warm lawsuits. It’s important to maintain documents, including detailed records of your company’s training, safety procedures and maintenance logs. A litigation team can use these records as evidence of reasonable care in the event of a toxic tort filing. 

Expert Management 

Maintaining a safe, healthy workplace and environment is paramount. Utilize experts to perform the following precautionary and preventive services: 

• Exposure assessments 
• Hazardous material management and removal 
• Health and environmental risk assessments 
• Industrial hygiene assessments 
• Product stewardship 
• Risk communication 
• Safety assessments 

Proactive measures help prevent injury, and they can help establish a strong defense in potential toxic tort cases. Precautions and documentation reflect a strong commitment to safety. 

The Importance of Toxic Tort Litigation Support 

A strong litigation support team helps your company manage complex, high-stakes toxic tort lawsuits involving alleged harmful substance exposure. Science-based professionals support specialized defense strategies, such as litigation management, liability investigation, early case assessments and expert witness coordination.