Toxic torts are personal injury cases that arise when people suffer illness or injury due to exposure to toxic substances or dangerous chemicals. These cases can involve companies that pollute the environment and cause illness among the people living nearby, chemical spills at construction sites or in public areas, defective medications, or poor maintenance in living spaces such as apartment building where toxic mold can grow.
When toxic exposure leads to illness and injury to citizens of the Baltimore area, the team at Murphy Falcon Murphy is here to help. Our attorneys come from a diverse legal background, and our team consists of former law school teachers, prosecutors, judges, public defenders, and assistant state’s attorneys. We want people in Baltimore to know what a toxic tort is and how to handle one.
One of the most well-known toxic torts in American history is the legal mess that erupted from asbestos. For years, asbestos was a staple for fireproofing thanks to its naturally flame-retardant aspects, but the dangers of asbestos were largely unknown at the time. Eventually, people who spent time in homes, businesses, and public buildings insulated with asbestos began developing respiratory problems, leading to a staggering number of lawsuits and widespread asbestos removal campaigns across the country.
Many pharmaceutical companies have come under fire for releasing medications with toxic substances. Most Americans have seen at least one commercial for law firms advertising cases for one specific medication, and countless class action lawsuits against drug manufacturers have arisen over the years.
Some consumer products have also caused toxic harm to users. In these situations, affected consumers can file product liability claims against the manufacturer. Cases like this do not require proving negligence on part of the manufacturer. The plaintiff simply needs to prove that the product in question was defective or contained a toxic substance, and the product caused harm to the plaintiff.
If you or a loved one suffered illness or injury due to toxic exposure, you may have several options for legal recourse. If your toxic exposure situation involves a dangerous pharmaceutical product, there may already be a class-action lawsuit in progress against the manufacturer. Joining a class action lawsuit is a good way to save time and money on attorneys’ fees. Rather than have thousands of individual cases, a class action lawsuit pulls all of the plaintiffs’ complaints into a single bundled lawsuit against the defendant. While the final case award will almost always be lower per plaintiff, the class action process saves plaintiffs money and allows them to sue when they would have otherwise lacked the money to do so.
Toxic exposure can result from a nearby company dumping toxic chemicals, contaminating the air or ground water, or otherwise causing toxic harm to the people living nearby. Affected individuals can file lawsuits against the responsible party, and success in these legal actions hinges on the plaintiff’s ability to prove several facts in court:
Plaintiffs may have difficulty proving causation in some toxic torts. “Causation” refers to proof that the alleged source of a plaintiff’s damages actually caused those damages. This can require proving the link between the substance and the plaintiff’s damages using existing medical evidence or proving that the plaintiff’s damages would not have resulted “but for” the substance in question. Toxic torts are complex legal matters requiring professional attention. If you’re considering legal action for toxic exposure in the Baltimore area, reach out to the team at Murphy Falcon Murphy to schedule a consultation. We’ll review the details of your situation and let you know what to expect from filing a lawsuit.