Understanding Toxic Exposure Tort

Understanding Toxic Exposure Tort
January 16, 2025

Toxic exposure occurs when a person is exposed to harmful chemicals or substances or when harmful chemicals or substances are introduced into the human body, which can often result in serious health issues. These exposures can happen in various settings, such as workplaces, rental homes or public spaces. While accidental exposure may occur, many cases involve negligence or a failure to warn individuals about potential exposure to dangerous chemicals or substances.

When toxic exposure leads to illness or injury, legal accountability often comes into play. Lawsuits seeking damages for toxic exposure typically involve claims against employers, landlords, or corporations whose actions or inaction contributed to the harmful exposure. If you or a loved one has suffered an injury due to toxic exposure, it's important to understand your rights and the legal avenues available.

Common Scenarios Leading to Toxic Exposure

Employers Exposing Employees

Workplace exposure is one of the most frequent causes of toxic exposure. Employees in industries like construction, manufacturing, and agriculture may encounter hazardous materials such as asbestos, benzene, or pesticides without adequate protective measures or warnings.

Employers are legally obligated to provide a safe work environment. If they fail to follow safety protocols or disclose potential risks, they may be held liable for injuries or illnesses caused by toxic exposure.

Landlords Exposing Tenants

Landlords are responsible for maintaining safe living conditions for their tenants. Unfortunately, many neglect this duty, leading to toxic exposure. Mold infestations, lead-based paint, and contaminated water are common hazards found in rental properties.

When landlords fail to address these dangers or withhold information about known risks, tenants may develop serious health problems, from respiratory issues to chronic diseases. Legal action can hold landlords accountable for their disregard for tenant safety.

Corporations Exposing the General Public

Large-scale toxic exposure often involves corporations that improperly dispose of waste, release harmful chemicals into the air or water, or fail to warn the public about the dangers of their products. Examples include industrial plants polluting nearby water supplies or manufacturers hiding the risks of harmful chemicals in consumer goods.

These cases can affect entire communities, leading to class-action lawsuits to seek justice for widespread harm.

Common Dangerous Chemicals and Their Health Risks

Toxic exposure can involve a variety of harmful substances, many of which are linked to severe health problems. Below are some of the most common culprits:

Asbestos

Exposure: Found in old insulation, building materials, and industrial workplaces.

Health Risks: Can cause mesothelioma, lung cancer, and other respiratory illnesses.

Benzene

Exposure: Present in industrial solvents, gasoline, and certain manufacturing processes.

Health Risks: Known to increase the risk of leukemia and other blood disorders.

Mold

Exposure: Grows in damp or poorly ventilated areas, such as water-damaged buildings.

Health Risks: Triggers allergies, asthma, and, in severe cases, respiratory infections.

Pesticides

Exposure: Common in agricultural work and contaminated produce.

Health Risks: Linked to neurological disorders, cancer, and child developmental issues.

Water Contamination

Exposure: Caused by industrial waste, agricultural runoff, or outdated plumbing systems.

Health Risks: Associated with gastrointestinal illnesses, reproductive issues, and certain cancers.

Protecting Yourself and Seeking Justice

If you believe you’ve been exposed to harmful toxins, take action. Here are some immediate steps you can take to protect yourself and strengthen your potential legal case:

Document Everything: Take note of where, when and how you were exposed. Be sure to document any symptoms you’ve experienced.

Seek Medical Attention: Early diagnosis and treatment can prevent further harm and provide important evidence for your case.

Preserve Evidence: Document the condition of any items or materials that may have caused the exposure, such as work uniforms or equipment.  Keep copies of rental agreements, as those may address the issue of exposure to harmful substances

Consult an Attorney: Toxic exposure cases are complex and require experienced legal guidance to navigate.

Averill & Reaney Is Here to Help

At Averill & Reaney, we’re committed to holding negligent parties accountable and securing justice for those who’ve suffered due to harmful exposure. If you or a loved one has been exposed to hazardous substances, contact us today for a consultation. Let us help you protect your rights and take the first step toward recovery.

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