What is a Toxic Tort?
A
toxic tort is a specific type of personal injury lawsuit where the plaintiff claims exposure to a chemical or hazardous substance caused harm. These claims often arise from exposure to pharmaceutical drugs, chemical substances, or environmental pollutants. The plaintiff must demonstrate that the substance in question was indeed toxic and that exposure led to specific injuries or diseases.
How Does Toxicology Play a Role?
Toxicology is crucial in toxic tort cases as it helps establish the relationship between exposure to a toxic substance and the alleged harm. Toxicologists provide scientific evidence regarding the toxicity of a substance, dose-response relationships, and the mechanisms by which the substance can cause harm. Their expertise is instrumental in determining whether the substance could plausibly cause the injuries claimed.
What Are Common Substances Involved?
Toxic tort cases often involve exposure to asbestos, lead, pesticides, benzene, and
mold. Pharmaceuticals such as certain painkillers or other prescription drugs can also be involved. In each case, proving the toxicity and the causal link to the health effect is paramount.
What Is the Role of Epidemiology?
Epidemiology studies the distribution and determinants of health and diseases in populations. In toxic tort cases, epidemiologists can provide evidence about the potential health risks associated with exposure to a particular substance. They analyze data from exposure incidents and study the patterns, causes, and effects on affected populations.
How Is Causation Established?
Establishing causation in toxic tort cases is complex. The plaintiff must show that the defendant's product or action was the actual cause of harm. This involves demonstrating that:
The substance is inherently dangerous or toxic.
The plaintiff was exposed to the substance in a manner capable of causing harm.
The exposure led to specific injuries or health effects.
Expert testimony from toxicologists, epidemiologists, and other scientists is often necessary to establish these points.
The substance is not toxic or harmful.
The plaintiff was not exposed to a sufficient dose to cause harm.
Other factors, such as pre-existing conditions or alternative exposures, are responsible for the plaintiff's injuries.
Defendants may also challenge the credibility of the plaintiff's scientific evidence or expert witnesses.
What Are the Challenges in Toxic Tort Cases?
Toxic tort cases are challenging due to the scientific complexity, variability in individual susceptibility to toxins, and the long latency periods of many toxin-related diseases. Additionally, gathering
evidence of exposure, especially historical exposure, can be difficult. The plaintiff must overcome these hurdles to establish a strong case.
What Are Recent Trends?
Recent trends in toxic tort litigation include increased scrutiny of
PFAS chemicals—often referred to as "forever chemicals" due to their persistence in the environment—and the impact of climate change on exposure to environmental toxins. Legal frameworks are evolving to address these emerging issues, and scientific advances continue to shape the landscape of toxic tort litigation.
Conclusion
Toxic tort cases are a critical intersection of law and science, where toxicology plays a pivotal role. These cases require a deep understanding of scientific principles to establish causation and liability effectively. As toxicological science advances, so too does the complexity and potential for litigation in this field.
