What Is A Toxic Tort Lawsuit?

by Friedman & Ranzenhofer, PC on March 8, 2010

in Buffalo Defective Products - Product Liability

Most people in Buffalo are old enough to remember Love Canal, where hazardous waste buried in the ground leaked into the environment, causing cancer, birth defects and other injuries among the local population.  Love Canal is an example of a toxic tort.

Toxic tort lawsuits involve injuries caused by chemicals or materials that are linked to physical ailments such as cancer and other diseases.  They often involve the release of dangerous material into the environment or exposure to such materials at a worksite.  Substances such as asbestos, pesticides and hazardous waste are examples of the types of materials frequently addressed in this type of litigation.

Because of the difficulties that may arise in linking a specific injury to exposure to a dangerous substance, these cases are often difficult to prove on an individual level.  As a result, toxic tort cases usually, put not always, involve a large number of plaintiffs who have been exposed to the dangerous material and exhibit similar physical problems or incidents of birth defects beyond those seen among the general population.

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