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Toxic Tort Law in Lead Poisoning Cases

- August 08, 2017

Toxic Tort Law aims to address the issues that arise when people are exposed to toxic substances to no fault of their own. This includes industrial chemicals, pesticides, lead-based paint, medicine and toxins in the environment. This law is related to and considered a subset of, personal injury law. It also often results in Mass Torts.

Claims related to this law are filed by those who were exposed to the dangerous substances. In order to file a claim, the victim must have suffered injuries and damages that are directly linked to exposure to the substance. Typically, in one of these cases, the following elements should be proven to be successful:

  • The substance in question is harmful in some way such as being dangerous or toxic in nature.
  • The plaintiff that is filing the claim was exposed to the substance. In most cases, the exposure happened either unknowingly or in such a way that could not have been avoided.
  • Said exposure caused harm or damage to the plaintiff.

Arguably, the most important element in one of these causes is showing causation. In other words, to be successful, the plaintiff must prove that the substance is what caused their injury, illness or other damages rather than simply proving they were exposed and that they do have some type of injury, damages or harm.

In most cases, the full extent of damage is not seen until years after the exposure. This makes it important to have a full record of the condition as it progressed and an expert opinion on what caused the ailments. However, because of the time lapse, it can be extremely difficult to show without a doubt that the condition was caused by the toxic substance. Because of this, most cases rely heavily on scientific or medical studies to prove the case.

This is done by comparing the elements of the condition and treatment plan to studies to “prove” the connection. These types of claims come in five main categories:

  • Occupational Exposure
  • Home Exposure
  • Environmental Exposure
  • Pharmaceutical Drugs
  • Consumer Products

In lead poisoning cases, there are other factors to consider. Whether the lead poisoning happened as a result of a landlord not properly warning a tenant of old lead paint or there were improper warnings on a product, the claim will be pursued differently. If you are the victim of lead poisoning, contact our team at Jonathan Perkins Personal Injury Lawyers today.

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