Toxic Torts: An Overview of Florida Law for Victims
In the practice of law, a “tort” is a wrongful act by one person that leads to physical injuries or other harm to a victim. When this misconduct is caused by exposure to a hazardous substance, typically resulting in injuries to a massive group of individuals, it’s called a toxic tort. For this reason, many toxic tort cases proceed through class action lawsuits because so many claimants are affected by the same dangerous substance. The litigation involving Roundup, an herbicide containing the chemical glyphosate, is an example.
Toxic tort cases are among the most complicated personal injury cases, but many of the underlying concepts are grounded in products liability. Therefore, a Florida defective products lawyer is your best legal resource for assistance and guidance with your claim. You can also learn more by reviewing to important information.
Common Scenarios Involving Toxic Torts: These cases frequently arise in connection with:
- Exposure to Toxins in the Workplace: Occupational toxic torts often involve exposure to high levels for a short period or low levels over a longer period of time. Asbestos in the construction industry is one of the most prominent claims.
- Pharmaceuticals: Medications may treat the medical conditions they’re designed to counter, but some have unintended side-effects that don’t develop until after they’re approved.
- Residential Exposure: Families can inhale or ingest harmful substances in their homes, often without knowing the dangers. Toxic mold is a frequent claim, but asbestos can also be a factor.
- Consumer Products: Besides the Roundup litigation, there are additional products that can lead to bodily harm. Cleaning solvents, pesticides, and others are often to blame. The landmark series of cases involving tobacco is an example.
Theories of Liability for Toxic Torts: Depending on your circumstances, there may be one or more grounds for pursuing a claim in a toxic tort case. You may be eligible for monetary damages through such theories as:
Negligence: While common in most personal injury cases, proving negligence can be difficult in a toxic tort because of the ability to investigate the manufacturer. Still, you may have rights if you can establish that the company breached the duty to create a safe product, and you were harmed as a result.
Strict Products Liability: This is the more common approach to toxic tort cases because you don’t have to prove fault as you would in a negligence case. You must establish that the substance was unsafe when you used it in accordance with its intended purpose, and you suffered injuries.
Fraud: When a company intentionally misrepresents the safety of a product or substance, and deliberately conceals its hazards, a toxic tort may proceed through the legal concept of fraud.
Reach Out to a Florida Defective Products Attorney Today
As you can see, toxic tort cases are extremely complex and you may be up against a huge manufacturer with a large budget and legal department. You shouldn’t put your rights at risk by attempting to represent yourself. If you’ve been injured and believe that a defective product is the root cause, please contact the Florida personal injury lawyers at Freidin Brown, P.A. to discuss your rights and remedies. We can schedule a free consultation at our offices in Miami or Fort Myers, FL.