A toxic tort is a type of personal injury case in which a plaintiff is harmed from exposure to toxic materials or chemicals. Toxic tort claims may arise from exposure to toxins or chemicals in the workplace, at home, from consumer products, pharmaceutical drugs or the environment. Some of the most common types of toxic materials or chemicals that give rise to toxic tort cases are:
For most of the 20th century, asbestos was widely used in consumer products including tiles, insulation, automotive parts, baby powder and potting soil. Although asbestos is now strictly regulated, many workers who were exposed to asbestos decades ago are now suffering from serious asbestos-related diseases, including mesothelioma, a type of deadly lung cancer.
Silica dust is commonly found in soil, sand, concrete, rock, granite and landscaping materials. Workers in the construction, agriculture, shipbuilding, stonecutting and mining industries are just a few at increased risk of exposure. Silica may cause lung cancer or silicosis, a scarring and hardening of lung tissue that can cause severe shortness of breath, chest pain or even fatal respiratory failure. According to the National Institute for Occupational Safety and Health (NIOSH), approximately 1.7 million U.S. workers are exposed to silica in the workplace each year.
Beryllium is a type of metal often found in oil, coal, soil, volcanic dust and rock minerals. Workers in the metal, electronics, ceramics and aerospace industries are at increased risk of exposure. Inhalation of high levels of beryllium may lead to cancer, acute beryllium disease – a disease resembling pneumonia, or chronic beryllium disease (CBD). CBD may cause difficulty breathing, fatigue or heart disease.
Benzene is a chemical compound typically found in oil, gasoline, and vehicle emissions and is used in the manufacturing of some plastic and rubber products. Industrial workers or those who live close to factories that use benzene may be exposed to benzene through the air or water supply. Exposure can lead to bone marrow damage, cancer and other serious diseases.
Although chemical exposure is generally associated with industrial, construction, and healthcare industries, any workplace may expose workers to toxic chemicals. Without adequate ventilation, office workers may be exposed to cleaning chemicals, paint or other toxins. These toxins may be inhaled, swallowed or absorbed through the skin. Common injuries from toxic chemical exposure include burns, rashes, lung and throat injuries and neurological damage.
Mold infestations may be present in buildings such as homes, schools and business offices. High concentrations of mold may pose life-threatening health risks, especially to the elderly or those with pre-existing conditions. Exposure to mold may cause allergic reactions such as eye irritation, wheezing, skin irritation or flu-like symptoms. Aspergillosis refers to diseases caused by a certain type of mold which can damage lung tissue and spread throughout the body.
Pesticides are often used by farmers and exterminators to control pests. These toxic chemicals are not only harmful to pests, but also to humans. Inhalation or absorption of pesticides through the skin can result in a wide array of diseases and medical conditions including severe neurological impairment and cancer.
Toxic Tort Litigation
To prove a toxic tort case, plaintiffs must show that they were exposed to a dangerous substance from which they suffered harm. Toxic tort cases may be brought against anyone who owed a legal duty to the plaintiff to protect them from such hazards. This may include a landlord, a manufacturer or an employer. Causation may be difficult to prove in toxic tort cases because symptoms of an illness caused by toxic exposure often take many years to develop, rendering the link between the toxic chemical and the illness uncertain.
It is imperative to secure representation by an experienced toxic tort attorney with a proven ability to obtain clear medical testimony from experts, properly introduce evidence, and provide skillful, knowledgeable representation. The Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. have over 20 years of experience representing personal injury plaintiffs. Our knowledgeable attorneys aggressively pursue compensation for the injured in toxic tort claims.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Represent Those Injured by Toxic Materials or Chemicals
If you are suffering from an illness you believe was caused by exposure to a toxic material or chemical, contact an experienced Delaware toxic tort lawyer at Jacobs & Crumplar, P.A. Our dedicated team will work tirelessly to recover the compensation you deserve. We represent clients throughout Delaware, including those in Dover, Georgetown, and Wilmington. Contact us online or call us at 302-656-5445 to schedule a free consultation.