Toxic Tort Lawsuits

A “tort” — which comes from the Latin word for “wrong” — is a civil wrongdoing that causes someone to suffer loss or harm. A tort can be intentional or unintentional. A toxic tort, then, is an exposure to a dangerous substance that leads to injury.

The injured party may be eligible to file a toxic tort lawsuit against the person or entity responsible for the toxic exposure. Additionally, if the case is successful, they may receive compensation for their losses.

Toxic tort lawsuits have historically addressed injuries resulting from exposure to substances like Agent Orange and asbestos. However, toxic tort cases can also center around drugs, tobacco and petroleum products.

Notable toxic tort litigation

• Agent Orange: Considered the original mass tort litigation, Agent Orange litigation began in the 1970s. It concerned the mass exposure of U.S. combat veterans to Agent Orange — a toxic chemical herbicide used to clear undergrowth during the Vietnam War.
• Asbestos: One of the most significant toxic tort litigations in U.S. history, asbestos litigation began in the 1980s. Experts concluded that asbestos exposure could result in cancer and have other severe health effects.

Motley Rice toxic tort focus areas

Toxic torts are lawsuits brought by people who believe they’ve suffered an injury from exposure to a toxic substance. Examples of toxic tort lawsuits handled by Motley Rice include but aren’t limited to:

• Pesticide lawsuits: Cases filed in connection with harm allegedly suffered because of exposure to chemicals in pesticides like Roundup®, paraquat and Dacthal
• Chemical exposure lawsuits: Claims involving hair relaxers, PFAS, fire fighting foam (AFFF), and contaminated water at Camp Lejeune
• Minerals and heavy metals lawsuits: Legal actions pertaining to asbestos, talc, lead, arsenic and silica dust exposure

Toxic tort claims begin with someone’s exposure to toxic substances — consumer goods, pharmaceuticals, household products or workplace chemicals. This exposure is said to result in an illness or injury.

Many illnesses thought to be caused by toxic exposure may not manifest themselves until months or years after the exposure. In these instances, other potential causes (such as exposure to other chemicals) must be eliminated to make a strong case that the specific chemical manufactured or distributed by the defendant caused the harm.

Most toxic exposure law firms, including Motley Rice, offer free initial consultations. Our attorneys will review your information to determine the potential of your case and discuss the next steps.

Building a case

Toxic tort attorneys gather information to help build the lawsuit. The documentation you must provide will depend on the specifics of the particular lawsuit, but common components include:

• Medical records and invoices and receipts
• Witness testimony on the use of toxic substances and your exposure to them
• Work history

Expert testimony from medical professionals and toxicologists will attempt to explain how exposure to chemicals, and not other environmental factors, caused your injuries.

Filing a toxic tort lawsuit

Toxic tort lawsuits can be handled in multiple ways. For example, they can be part of a class action or part of multidistrict litigation (MDL). 

• A class action lawsuit comes about when the number of people suing for the same cause of action is large enough that individual lawsuits would be duplicative or overly time-consuming. In a class action lawsuit, a few plaintiffs — a person who brings a legal action — represents the entire “class,” and the results apply to all class members and future lawsuits.
• Multidistrict litigation (MDL) forms when all similar pending cases filed in U.S. federal court transfer to one federal court under one judge by a special panel for pretrial purposes. MDLs allow the court system to more efficiently handle cases involving hundreds (or thousands) of plaintiffs making comparable allegations. The cases in an MDL remain individually active, and verdicts or settlements are unique to each case.

If neither option is viable, you may still file the lawsuit. However, it won’t be part of a larger proceeding.

Additionally, toxic exposure lawsuits must be filed within the statute of limitations — the legal deadline to file a certain case type. The statute of limitations depends on the law in the state where the action is filed. States generally allow a specific amount of time from the date that the exposure occurred. However, most states will allow for an extension to when the injured party first discovered the harm or the probable source of it.

Handling the legal process

Lawyers handle pretrial matters, including depositions, motions and discovery. They will litigate the case if it goes to court. Settlement offers may come at any point — from when the lawsuit is filed, up until just before a verdict is reached. Attorneys will advise the plaintiff of offers and work to keep the plaintiff informed. Going to trial is always an option, and Motley Rice attorneys have litigated toxic tort cases to verdict in court.

What do you have to prove in a toxic tort case?

To be eligible for damages in a toxic tort case, you must prove that:

• A party knew or should have known that a substance was toxic, and they had a duty to protect others from harm
• Due to the party’s negligence, you faced exposure to the toxic substance
• Your exposure caused you to suffer harm

What is a mass toxic tort?

A mass toxic tort is an injury involving one toxic product or event that harmed multiple people. Mass toxic torts may be filed as individual lawsuits. Cases arising from a large-scale event, such as an environmental disaster, may become a class action lawsuit or consolidated into an MDL.

Motley Rice attorneys have worked for decades to protect victims of large-scale toxic exposures and public health crises. Our law firm has represented individuals, families, communities and states. While we seek justice for our clients, our cases also look to improve environmental standards and protections for all.

We’ve represented people exposed to:

• AFFF firefighting foam
• Air and ground contamination from industrial facilities
• Asbestos
• Benzene and other toxins in a work environment
• Carbon monoxide poisoning
• Contaminated water at Camp Lejeune
• Lead poisoning in food and toys
• PFAS, PFOA, PFOS, also known as forever chemicals
• Paraquat weed killer
• Roundup weed killer
• Toxins from the BP Oil Spill

We’ve also obtained a landmark settlement for 10 California jurisdictions that alleged that three lead paint manufacturers created a public nuisance by exposing residents to toxic lead pigment.

Learn more about our experience with toxic exposure cases.