Filing Toxic Substance Claims

Posted on Friday, September 27th, 2019 at 4:23 pm    

A report made in 2015 based on the surveillance of nine states from 1999-2008 showed the following. “The Toxic Substances Control Act chemical substance inventory lists more than 84 000 chemicals used in commerce. With chemicals having many uses, persons are potentially at risk daily from exposure to chemicals. Depending on the exposure level and the chemical type, exposure can result in morbidity and, in some cases, mortality.”

The report further listed the top five injury associated chemicals as carbon monoxide, ammonia, chlorine, hydrochloric acid and sulfuric acid.  When affected by toxic substances it is important to know who caused the problem.

Toxic Substance Claims

Where toxic tort claims involve the intentional harm of an individual it is necessary for the plaintiff to prove this. The victim must prove that the company, organization or person on purpose put toxic substances or materials in an area. And these toxic substances were put where someone would come across them and suffer injury. Toxic tort claims related to harming on purpose are often found in contaminated water locations.

When using negligence as the basis of liability in a toxic tort case the plaintiff must prove specific elements. These are:

  • The defendant had some form of obligation through a duty of care to the plaintiff and
  • There was a breach of that duty of care
  • The breach caused the injury the plaintiff suffered.
  • The connection between the injury and the breach in the duty of care

If you are a victim of toxic substance exposure contact a legal professional then investigations will begin. “The lawyer can then research the problem, analyze the facts and discover all persons involved. ”

If you are a victim of toxic substance exposure speak to a Vinson Law Office attorney for legal advice and representation. The Vinson Law Office is a law firm of litigation professionals.

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