Who is responsible for a toxic torts injury?Written by ruxandra
A toxic tort is a legitimate claim for harm caused by exposure to a dangerous substance, such as pesticide, pharmaceutical drug or chemicals. With the advancements in medicine, manufacturing and technology, more and more substances have found their way into your daily life. Some of the products are safe, but some contain substances that cause injuries and illnesses to humans. If that had happened to you, the best thing you should do is to contact your personal injury lawyer from Annapolis to file for a toxic torts claim in Maryland.
Along with all these new processes, substances and drugs, a lot of toxic tort litigations were filed, for the benefit of individuals and groups of people who were harmed by exposure to hazardous materials.
Defenses and claims
According to the toxic tort law in MD, the plaintiff states that exposure to dangerous substances caused their illness or injury. Most of the time this claim is brought on behalf of more people, as a class action lawsuit. An example of class action is when the residents of a neighborhood state that the local groundwater has been contaminated by pesticide.
A toxic tort claim in Maryland can arise from:
- Occupational exposure. A good example is when industrial workers are exposed to toxins (asbestos and benzene). You can contact a toxic torts attorney from Annapolis to get a list of known toxic substances.
- Pharmaceutical drugs. This drugs can cause unintended side-effects.
- Consumer products. When you use a certain product, such as pesticide, that can cause a toxic torts injury in Annapolis.
- Exposure in your home. This happens when you ingest or breathe toxic substances in your home.
And if you want to win your claim, you will have to prove:
- The substance is dangerous
- You were exposed to the substance
- The substance caused you harm
But defendants in toxic tort cases mount a vigorous defense. They will try to poke holes in your case and present evidence that you don’t have the necessary elements for your claim. They will also present more procedure defenses (they may try to prove that you did not bring your toxic tort claim promptly under the statute of limitation laws).
Who you should sue in toxic tort cases
It may not be difficult to figure out on your own who to sue in toxic tort cases. But in case you don’t know who the manufacturer of the products that caused you an illness or injury is, you can discuss with a lawyer specialized in toxic tort claims. Together you can determine who is the culprit and against who you should file your claim.
Most of the time, the entities you are suing are:
- Manufacturers or distributors of chemicals
- Manufacturers or distributors of devices or machines that expose workers to certain chemicals
- Lessors and owners of areas where you were exposed to toxic chemicals
- Companies that store chemicals
- Manufacturers of special equipment that failed to keep you safe from chemicals
But depending on the type of exposure, the entity could be someone else.
If you are in need of a personal injury lawyer in Annapolis, you can contact us for a free consultation at: (443) 569-3950 and by email at: [email protected]. Together we will figure out who is at fault for your toxic exposure and determine the best course of action.