Lawsuits Involving Chemical Exposure
Toxic Torts Law Refers to Issues Caused By Exposure to Toxic Substances
By NICK JOHNSON
Lawsuits involving chemical exposure are brought by individuals and groups who may have been exposed to dangerous substances. Successful lawsuits involving chemical exposure have three main components including:
- the substance was harmful dangerous and toxic
- the plaintiff was exposed to this substance
- the substance caused harm and damage to the plaintiff
In addition it is very important to prove causation in a toxic tort claim. This is the most difficult part of pursuing and proving lawsuits involving chemical exposure. For instance, the damage caused by exposure to dangerous substances isn’t evident for several years following the initial exposure.
Common Types of Toxic Exposure Claims Include:
-Environmental exposure where people ingest harmful toxins in their drinking water or air
-Pharmaceutical drugs and unintended consequences
-Consumer products such as breast implants
-Workplace and occupational exposure
Toxic Torts Law – US
- Superfund Amendments and Reauthorization Act (SARA)
Superfund is the name given to the environmental program established to address abandoned hazardous waste sites. It is also the name of the fund established by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA statute, CERCLA overview). This law was enacted in the wake of the discovery of toxic waste dumps such as Love Canal and Times Beach in the 1970s. It allows the EPA to clean up such sites and to compel responsible parties to perform cleanups or reimburse the government for EPA-lead cleanups. This Web site provides topical information for the general public and for those involved in the Superfund program. On this site, you’ll find information about Superfund sites in your area, the health effects of common contaminants, cleanup efforts, and how you can become involved in cleanup activities in your community.
- Toxic Substances Control Act
The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides.
Publications Related to Toxic Torts Law
- Chemical Exposure Health Data
For comparison against many occupational health standards, it is necessary to measure quantitative exposure levels in the workplace. Depending on circumstances, there are various sampling technologies, procedures, and philosophies to measure airborne chemical concentrations to workers. Exposure assessment data can be compared to established standards to help determine if the exposure is acceptable.
- Toxicogenomics and Toxic Tort Litigation
Proving causation in toxic tort litigation has proven difficult for a long time, says Genomics Law Report’s Jon Ferry. But work being done in the field of toxicogenomics is allowing lawyers to refine their cases and take a more targeted approach.