A toxic tort is a legal claim that results from exposure to a dangerous substance. This can include pesticides, chemicals or pharmaceutical drugs. Despite advancements in technology, manufacturing and medicine, these introduce thousands of new products into our lives some of which cause serious illness. At times substances that are thought to be safe are actually harmful, for example asbestos. At times dangerous substances accidentally leak into groundwater or the air. In reaction to this, lawsuits can be filed by victims exposed to or harmed by such substances. Thus, creating what is referred to as toxic tort litigation. This article will discuss defendants included in toxic tort claims.
Toxic Tort Claims Defendants
When it comes to the defendants in a toxic tort case, they often put up a vigorous defence. The defendants actively look for ways to poke holes in the plaintiff’s case or evidence. This is all to show that the plaintiff has not proved all the necessary elements of their claim. However, the last thing any plaintiff wants to get wrong is holding the wrong person or entity liable for the injury. Unfortunately, figuring out who to sue is tricky. This is mainly because most plaintiffs do not know who manufactured a dangerous product. For example, a patient taking a drug manufactured by a number of pharmaceutical companies. If that patient develops cancer years later, it may be difficult to determine which company manufactured that specific drug the patient took.
As a rule, plaintiffs generally sue anyone and everyone that could have a possible link to the dangerous substance that caused the injury. Such defendants may include:
- Manufacturers and distributors of chemicals
- Manufacturers and distributors of machines or devices that expose workers to chemicals
- Owners and leasers of premises where the exposure happened
- Manufacturers of equipment that failed to protect the plaintiff from the chemicals
- Companies that stored the chemicals
For legal advice on how to proceed with your toxic tort claim contact the Vinson Law Office today.