Toxic Tort Lawsuit: Examples of Negligence

In a toxic tort lawsuit based on negligence, the plaintiff must prove that the party accused of being responsible for the tort did not act with the caution a normal individual would exercise in the situation. Negligence can include any action in which an individual did not behave properly, refused to take cautionary measures or should have been aware of the potential risks of his activities but did not act accordingly. In a toxic tort lawsuit, negligence can take many forms.

Negligent Use

When utilizing toxic materials an individual must protect himself and other from coming into contact with them and being injured. An individual who uses toxic materials must take proper precautionary methods to prevent any individual that might come into contact with them from becoming injured. For example, a homeowner who uses toxic materials to kill bugs on his property must warn neighbors about potentially coming into contact with toxins and use the toxins in such a way that neighbors will not be exposed to them.

Negligent Warning

While using toxic substances isn’t illegal, it does require warnings when they are in use. This includes notifying anyone who might come into contact with them about potential injury. The best example of this is a business owner who uses toxins to create his product, but does not notify a visitor that toxic chemicals are in use.

Negligent Exposure

Even if all proper precautions are taken when the toxins are used, it is still possible for an individual to negligently expose a third party to them. This commonly occurs when the individual using toxic substances does not consider other individuals who may come into contact with the toxins through their water or in the air. Exposure can also occur when a third party comes into contact with the individual that has been exposed but unaffected by the toxins, such as an expectant mother.

Negligent Cleaning and Disposal

Toxic substances often must be cleaned and disposed of in particular ways to reduce the chances of them affecting the environment or individuals. Not properly adhering to these standards can result in toxins running into wastewater or soil, making it likely that unsuspecting individuals will come into contact with them and be injured.

Getting Legal Help

If you have been injured by a toxic substance that was used or disposed of improperly, seek legal advice. An attorney will review the facts of your claim to see whether you have a cause of action.

Have a Personal Injury Case?