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Toxic Tort

Toxic TortToxic torts are typically personal injury claims that result from episodes of contamination, pollution, or negligent release of hazardous chemicals or substances. A toxic tort claim can be brought by an individual plaintiff or by a defined class in a mass tort claim, or class action lawsuit.

The chemicals commonly involved in toxic tort claims include:

  • Benzene and other petroleum hydrocarbons (i.e., gasoline, diesel, and jet fuel)
  • Volatile organic compounds (VOCs) and solvents (e.g. ingredients in paints, varnishes, cleaning products, cosmetics, etc.)
  • Pesticides
  • Formaldehyde
  • Styrene (commonly used to make boats, tubs, and showers)
  • Diacetyl (i.e., microwave popcorn butter)
  • Mold
  • Lead
  • Silica
  • Welding fumes
  • Carbon Monoxide
  • Polychlorinated biphenyls (PCBs) (used in electrical equipment like capacitors and transformers)
  • Carbide
  • Tungsten
  • Asbestos

Many people are knowingly or unknowingly exposed to hazardous materials on the job, including hazardous materials transporters, farmers or other agribusiness workers, and manufacturers. Other times, citizens are unaware they’re being exposed to something toxic due to where they live (perhaps close to a massive farm, a landfill, or a manufacturing facility), their drinking water, or items in their home. These are considered chronic exposures.

Prolonged or repeated exposure to toxic materials can result in the chemicals building up in the body and causing long-term health effects related to your respiratory, digestive, circulatory, nervous, and reproductive systems. While some chemicals affect only certain organs or areas of the body, others can be carried throughout the body after being absorbed into the bloodstream. Many toxins lead to a heightened risk of cancer or birth defects (pregnant women are particularly vulnerable and should limit exposure to known toxic substances while pregnant).

Over 30 years ago, California Proposition 65 complaints came about due to toxic tort issues from groundwater and soil contamination claims, specifically the release of toxic substances into drinking water. Prop 65 now dictates that businesses with more than ten employees are required to provide “clear and reasonable warnings” on packaging and labels when products they’re selling contain chemicals linked to cancer, reproductive harm, or birth defects. Any failure to warn, disclose, or report toxic chemical risks is cause for litigation.

If you or a loved one has suffered adverse health effects as a result of exposure to toxic chemicals, it’s important to consult with an experienced toxic tort law specialist to have your claim evaluated.

What Are Catastrophic Toxic Tort Cases In California?

A tort is a common law claim. It is a civil, not criminal, wrong (other than a breach of contract) that has caused an individual to suffer a loss or harm and results in legal liability for the person who committed the tortious act. The toxic aspect of a toxic tort case pertains to a substance or material that causes injury, whether from an initial exposure, a one-time exposure, or exposure over an extended time…Read more

How Does Proposition 65 Impact My Toxic Tort Claim?

Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, allows a private individual, instead of the Attorney General (if the Attorney General declines to pursue the claim), to pursue a claim against an entity for exposure to toxic substances. However, you are required to follow specific notice procedures before you can get approval to pursue the claim as a private individual…Read more

Who Is Liable In A Toxic Tort Claim In California?

Anybody in the chain of distribution or the manufacturing—from the manufacturer to the distributors—can be liable. That means anybody responsible for the product’s creation or dispersal…Read more

Dependable Toxic Tort Lawyers In Valencia, California

At NP Law, our personal injury experts and toxic tort lawyers have extensive experience bringing toxic tort claims against companies of all sizes, on both the state and federal level. We work closely with each of our clients to develop a legal strategy that will secure the compensation they deserve after suffering long-term health consequences. Our toxic tort claims attorney has achieved many favorable settlements and wins at trial for our clients.

With over 40 years of combined trial experience, toxic tort defense attorney Lee Previant and our legal team here at NP Law are well-versed in all aspects of litigation and pretrial investigation and have gained a comprehensive understanding of the science behind toxic effects to better serve our clients.

If you’ve been exposed to toxic substances, you need the law in your corner. Our trial attorneys are dedicated to creating solutions to your problems and pursuing the best course of legal action on your behalf.

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