What Are They?

A tort occurs when someone performs a wrongful act, like an assault or robbery, on another person, who can then sue the tortfeasor in court to recover damages. Based on that, a toxic tort is just what it sounds like; a tort that occurs due to a toxin, a poison, which is introduced to the injured party. For example, if someone is injured from asbestos exposure, groundwater contamination, or pollution, this could be considered a toxic tort.

What Do The Cases Look Like?

Toxic tort cases are not easy. While no cases are guaranteed to win, these are particularly difficult to prove for a number of reasons. First, the cases generally involve multiple plaintiffs or defendants, depending on the harm. For example, if the drinking water is polluted, then a large group of people who drink the water would be harmed, and they could file together. Next, it is very hard to prove the required element of causation. While the plaintiffs may clearly be injured, and the water may clearly have something wrong with it, it is incredibly hard to prove that the water caused the illness. This gets even trickier over time, and almost all court cases take a lot of time. So, if your case gets to the discovery phase, it may be years after you filed and some evidence may have been lost or may no longer be available.

Toxic torts are not that common, but the discussion about what qualifies as toxic or harmful is still in full swing. Certain parties have been trying to pass a law for years that would make asbestos illegal in the country, which would in turn help plaintiffs suing for exposure. Just this year, the House of Representatives passed a bill that updates the asbestos law, increasing the safety testing requirements and removing some of the loopholes that allowed companies to hide the information that would betray asbestos. This bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, is a big step in the right direction for the health of the country and the legal system as a whole.

Reach Out to Us for Help

If any of this sounds familiar to you now or comes up in the future, contact us at the office of Alan Goldfarb, P.A. We will talk to you about your case and discuss filing and what the damages may be.

What is a “Toxic Tort”?

A “tort” is a civil wrong. The “civil” part means a dispute has arisen between private parties. The “wrong” means that as a result of one of the party’s conduct, the other party has been adversely affected in some way. This may mean a monetary loss, physical injury, or other measurable losses such as lost business. Toxic tort litigation arises when one party thinks the other should be held responsible for the wrong. For example, if Company A has a big factory upstream from Community B, and Company A starts dumping chemicals into the water that contaminate the drinking supply in Community B making the citizens ill, Community B may bring a toxic tort lawsuit against Company A.

In this scenario, what is Community B hoping to accomplish? In civil litigation, the objective is to make the injured party “whole.” However, loss can be very difficult to measure when it involves one’s life or health. Community B may not simply be looking to make sure its citizens are compensated for their health care costs that were inflicted by Company A’s wrongdoing, but in the bigger picture, may file suit to cause Company A to change their future behavior. The Court may award punitive, or “exemplary” damages to Community B—that is, the Court may make Company A pay large sums of money to make an example to show other companies that if they participate in similar practices, the consequences will be severe. This type of litigation occurs not just between companies and private parties, but also between companies themselves.

Miami, Florida Toxic Tort Litigation Attorneys

Toxic tort litigation is a niche area of the law that requires particular skill, knowledge, and experience. The injuries in toxic tort cases are often severe and the amount of money at stake can be substantial. Environmental concerns are among some of the greatest in the court system at this time, with new information always being discovered about the long-term effects of exposure to certain chemicals. With this in mind, if you or anyone you know has been exposed to a toxic chemical, mold, radon, asbestos, or other contaminant, it is critical to understand your legal rights. Companies and private citizens alike have an obligation to their community to meet certain environmental standards. Failure to do so may result in substantial consequences. At Alan Goldfarb, P.A., our experienced toxic tort litigation attorneys know how to navigate these complex claims in court and advocate on your behalf. Contact our Miami office to learn more about your legal rights today.