Toxic Tort Lawsuit: Strict Liability Claim

Toxic tort lawsuits are based upon negligence theories of law but can also include strict liability based allegations as well. A toxic tort occurs where a person suffers a personal injury due to the negligence of a corporation. Usually, the injury is widespread and impacts a large amount of individuals. Consequently, the corporation's profit goal is criticized and the corporation is sued for the injuries suffered by many people at the corporation's expense.

Frequent Types of Toxic Tort Lawsuits

There are some types of toxic tort lawsuits which are frequently filed. These types of toxic tort lawsuits include, but are not limited to, the following:

lead paint claims
asbestos claims
breast implant claims
agent orange claims
thalidomide claims
toxic landfill claims
toxic waste disposal claims
radiation disposal claims
pesticide claims

Moreover, while strict liability cases can include any of the above, strict liability cases frequently include cases against pharmaceutical manufacturers for their medications and medical devices which result in injuries.

Toxic Torts and Strict Liability

In toxic tort cases which include strict liability claims, the plaintiff generally must demonstrate certain key elements in order to be successful. These elements include the following:

evidence that the product was defective
evidence that the defective product injured the plaintiff
evidence that the injury was caused directly by the defective product

Ultimately, in a strict liability case, the plaintiff basically must prove that the defendant engaged in a certain way. If the plaintiff can show a course of conduct that caused an injury, the plaintiff will frequently prevail.

Damages Available in a Toxic Tort Strict Liability Case

There are different types of damages available to a plaintiff in a toxic tort strict liability case. While every jurisdiction has different laws pertaining to the type and extent of damages one can recover, the following are generally available in most jurisdictions:

pain and suffering
lost wages
future lost earnings
punitive damages (designed to deter the wrongdoer and prevent repetitive conduct)
compensatory damages
exemplary damages
medical bills
future medical care
loss of consortium
disability
disfigurement

Getting Legal Help

If one has been injured due to a toxic tort case involving strict liability, one should consider consulting an experienced personal injury attorney who specializes in toxic torts. An experienced personal injury toxic torts attorney can not only review one's case in order to determine what options one may have available, but also the attorney can assess the matter in order to ascertain the most appropriate course of action presently available such that one can select the best option.

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