Class Action Lawsuit: Toxic Tort

Toxic Tort

A toxic tort is a legal claim for harm caused by exposure to a dangerous substance -- such as a pharmaceutical drug, pesticide, or chemical. While advances in technology, manufacturing, and medicine have introduced thousands of new products into our daily lives, some of those products -- and the substances they contain -- can cause serious illnesses in humans. Sometimes chemicals which are thought to be safe turn out to be otherwise. Other times, substances known to be dangerous accidentally leak into the air or groundwater. Along with these new chemicals and drugs have come lawsuits -- called toxic tort litigation -- brought on behalf of individuals or groups of people who have been exposed to and harmed by dangerous substances.

This article discusses the basic law underlying toxic torts -- what plaintiffs must prove in order to prevail, situations in which most toxic tort cases arise, who to sue, special issues in toxic tort claims, and what types of damages are available to plaintiffs.

Toxic Tort Claims and Defenses: In a toxic tort claim, the plaintiff (the person who sues) alleges that exposure to some dangerous substance caused an injury or illness. These claims are often brought on behalf of a group of people, in what is called a class action lawsuit. One example of a class action lawsuit is when a group of workers alleges exposure to asbestos while on the job. Another class action may arise when residents of a neighborhood allege that local groundwater has become contaminated by a pesticide. While class actions are common, a single individual may also bring a toxic tort lawsuit.