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This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Toxic chemicals have been used throughout history for various purposes. In the 19th and 20th centuries, industries used these harmful substances without knowledge of their toxicity.
For instance, asbestos was highly valued for its insulative and fire-resistant properties. It found its way into building materials and even firefighters’ uniforms. It wasn’t until the 1970s that people became aware that it was a carcinogen. The use of various pesticides and herbicides followed a similar pattern, with harmful health effects only becoming evident after decades of use.
Toxic torts provide a legal recourse for people affected by these chemicals. These civil lawsuits seek damages for harm caused by toxic substances. They also hold those responsible for the damage financially responsible.
Here’s an in-depth look at toxic torts and the important factors to consider when pursuing a case.
What Are Some Examples of Toxic Torts?
Exposure to toxic substances can occur in various settings. Some people may come into contact with chemicals at work, while others may ingest them from their water supply or breathe them in while at home. Or, products or foods may get contaminated.
These situations can all lead to toxic tort cases. The following are the most common examples of this type of legal action.
- Prescription drug side effects: Medications undergo rigorous testing. However, they can still cause unforeseen side effects or lead to long-term health damage. Toxic torts focus on these side effects and may include the maker’s failure to warn about them.
- Workplace chemical exposure: Workers may be exposed to hazardous chemicals in industrial settings. For instance, exposure to asbestos and benzene can lead to cancer. Employers who fail to remove the substances, provide proper protection, or warn employees about possible exposure may face a lawsuit.
- Dangerous or contaminated consumer products: These everyday items may be harmful. Common examples include lead-based paint, pesticides, or toxic building materials. Manufacturers or retailers may face lawsuits, especially if they were aware of the potential hazards but did not provide warning or take reasonable steps to remove the substances.
In each of these examples, the burden of proving harm falls to the plaintiff and their lawyers.
Finding Proof In a Toxic Tort Case
Demonstrating harm in a toxic tort can be challenging compared to other lawsuits. The main issue is that it can take years for damage to become evident.
For instance, victims of one of the most well-known toxic chemical cases, the water contamination at Camp Lejeune, struggled to prove a link between exposure to chemicals in the water and health issues, which sometimes developed years later.
Here are the details lawyers try to establish in these cases.
- Duty of care: The defendant had the legal responsibility to keep plaintiffs safe from unreasonable risks. For example, a drug manufacturer must ensure their medication is properly tested. Company site managers need to protect staff from exposure to toxic substances.
- Breach of duty of care: The next step is to prove the defendant didn’t fulfill their duty of care. This could mean they ignored warnings and signs of contamination. Or, it could mean they simply did not provide the expected protections or take the necessary steps to verify the safety of their workplace or product.
- Causation: The most complicated and vital step in a toxic tort is usually proving that the defendant’s breach of duty of care caused harm. The lawyers must show a link between exposure to the toxic substance and the plaintiff’s illness. This step may require scientific tests, expert testimony, and investigations.
- Damages: The final step is to prove that the plaintiff suffered actual losses due to the exposure. This could include expenses from medical bills or lost wages. Lawyers may also try to put a dollar amount on pain and suffering caused by the illness.
Though each case has its own nuances, these four primary factors go into building an argument that proves the defendant’s negligence.
Statutes of Limitations and Statutes of Repose in Toxic Tort Claims
Timing is another factor to consider. Both the statute of limitation and statutes of repose can play a role in the case. These time limits can be especially important because of the time between exposure and illness in some toxic exposure cases.
A statute of limitations is a set deadline for filing a lawsuit. In most cases, the clock starts ticking from the date of the injury. This limit varies by state and can be between one year and six years. In some cases, the time limit does not apply from the date of exposure but starts from the discovery of the illness.
Statutes of repose impose time limits based on the last negligent action of the defendant. For instance, the clock could start when the company removes all asbestos from its manufacturing facility. The goal of statutes of repose is to protect defendants from liability. This timeframe is usually longer than the statute of limitations, but it’s still seen as more friendly to defendants because it protects them from infinite liability.
What Are Some Notable Toxic Tort Cases?
Toxic court cases can be complicated, especially when proving causation and working within statutes of limitation. However, some key cases have been successful. Here are five of the most well-known toxic tort cases.
Agent Orange
Agent Orange is a defoliant that was used extensively by the U.S. military in the Vietnam War. Members of the armed forces became ill due to exposure to dioxin, a high-toxic chemical in Agent Orange. They developed a range of serious health problems, including cancers, birth defects in their children, and nerve damage.
In 1984, chemical companies responsible for Agent Orange agreed to pay $180 million in a settlement. The money compensated veterans for their illnesses and medical treatments.
Exxon Valdez
The Exxon Valdez oil spill was an environmental disaster that also led to a major toxic tort case. The Exxon Valdez was an oil tanker that ran aground in Prince William Sound, Alaska in 1989. It leaked millions of gallons of crude oil into the sea, impacting wildlife and fisheries.
This case focused on the economic losses suffered as a result of the contaminated water. Local fishermen were part of the legal action against Exxon. The civil settlement was worth $900 million, and the company also paid fines to the government for criminal negligence.
Roundup Weed Killer
Roundup weed killer is made by Monsanto, which is now owned by the chemical corporation Bayer. After scientists suggested a link between the product’s main ingredient, glyphosate, and cancer, thousands of people filed lawsuits against the company.
Glyphosate exposure is linked to non-Hodgkin lymphoma, but there is an ongoing debate about whether glyphosate causes cancer. However, Bayer has paid billions to settle lawsuits and has lost several major cases it fought in court. In early 2024, a court awarded one cancer victim $2.25 billion in damages.
Roundup users are continuing to file suit, with most plaintiffs claiming the labels had inadequate warnings.
Johnson & Johnson Talcum Powder
Another highly publicized toxic tort involves Johnson & Johnson’s talcum powder products and their link to ovarian cancer. The cases focus on the use of talc, the mineral in the powder, being contaminated with asbestos.
The company says its talc is safe, but it took products off the market in 2020. It also agreed to a $700 million settlement with 40 states investigating the contamination claims.
However, individual talc lawsuits continue in civil courts, with cases still pending.
Camp Lejeune Water Contamination
Camp Lejeune, a large military base, suffered from water contamination from the 1950s to the 1980s from fuel tanks and improperly handled dry cleaning chemicals. The toxic substances exposed military members and families to harmful chemicals. These chemicals can cause serious health problems.
A series of lawsuits alleged that the government failed to keep the water supply safe. Also, the claims said base authorities did not tell residents after discovering the contamination. The 2022 Camp Lejeune Justice Act laid out a framework for veterans to make claims and pursue compensation and full medical coverage for any illnesses associated with exposure.
Finding a Toxic Tort Lawyer
An experienced lawyer can be instrumental in navigating complex toxic tort cases. If you are the victim of toxic substance exposure, you need to find an attorney with the right background and experience in your specific type of case.
Tort specialists can help you find out about your eligibility for existing settlements or active cases or your chances of success when building your own case.