Toxic Torts

With the immense growth of industry has come an immeasurable increase of toxic substances in the environment. Toxic substances are found everywhere—in the water, air, ground, and in the walls of people’s homes. Chemical plants, refineries, factories, railroad yards, electrical towers, transformers, landfills, mines, shipyards, hospitals, and lakes and streams have all become sources for toxicity. Homes that are insulated with asbestos, painted with lead-based paint, or walls that are growing mold from water damage can be a source of toxins that over the years result in permanent and irreversible heath conditions. The fact that the adverse effects of toxic exposure may not be evident for many years makes toxic tort cases a challenge to prove.

Well known examples of toxic tort litigation that in recent years have come into public view are cases involving exposure to asbestos, groundwater contamination, second hand smoke, and radiation experiments on human subjects.

The types of significant injury that specific toxic substances have caused include:

• Asbestos –lung cancer, respiratory and gastrointestinal disease
• Lead-based paint -- brain damage, especially in children
• Radiation and electromagnetic energy – leukemia and other cancers
• Toxic mold – respiratory illness, digestive tract illnesses, cancer, lupus, TB
• Tobacco- lung cancer, respiratory illness

While proving that toxins have resulted in illness may be difficult, the burden of proof in a toxic tort case is much less than in a criminal case. Unlike having to prove “beyond a reasonable doubt” in a criminal case, in a tort case the plaintiff must prove the case is more likely true than not.

At Ross Feller Casey we have the necessary resources available to litigate toxic tort cases. Consulting with teams of experts, such as physicians, therapists, and economists, we can provide testimony as to the medical needs, future care, and reduced abilities of clients suffering from toxic substance exposure. These testimonies translate the aspects of damage and injury into monetary terms that are understandable to a court and jury.

If you suspect you or your family may have been victims of toxic substance exposure, our attorneys offer a free case evaluation to discuss your concerns. Please contact our law firm to arrange a consultation.