A toxic

tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...

claim is a specific type of

personal injury Personal injury is a legal term for an Injury (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...

lawsuit in which the

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease.

Place of exposure

People may be exposed to toxic

chemicals A chemical substance is a unique form of matter with constant chemical composition and characteristic properties. Chemical substances may take the form of a single element or chemical compounds. If two or more chemical substances can be combin ...

or similar dangerous substances from pharmaceutical products, consumer products, the environment, or in the home or at work. Many toxic tort cases arise either from the use of medications, or through exposure at work.

Occupational exposure

There have also been many occupational toxic tort cases, because industrial and other workers are often chronically exposed to toxic chemicals - more so than consumers and residents. Thousands of toxic chemicals are used in industry and workers in these areas can experience a variety of toxic injuries. Unlike the general population, which is exposed to trace amounts of thousands of different chemicals in the environment, industrial workers may be regularly exposed to much higher levels of chemicals and therefore have a greater risk of developing disease from particular chemical exposures than the general population. An occupational toxic injury case may result in a

workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...

claim, which is made against the worker's employer. The same injury can potentially support a toxic tort case against "third parties", that is, people or entities other than the employer, such as manufacturers or distributors of chemicals, substances or equipment that exposed the worker to the chemicals, or the people or entities in control of the premises where the worker was exposed to the toxic chemicals.

Pharmaceuticals

Pharmaceutical injuries can occur when a person is injured by a dangerous, defective or contaminated medication. Many pharmaceutical toxic injury cases are mass tort cases, as most medications are consumed by thousands of people. The cases are often litigated against

drug manufacturer The pharmaceutical industry is a Medicine, medical industry that discovers, develops, produces, and markets pharmaceutical goods such as medications and medical devices. Medications are then administered to (or Self-medicate, self-administered b ...

s and distributors, and potentially against prescribing physicians. When prosecuted against drug manufacturers and distributors, pharmaceutical toxic tort cases differ from

medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligen ...

suits in that pharmaceutical toxic tort cases are essentially

product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has ...

cases, the defective product being the drug.

Injury at home

The home has recently become the subject of toxic tort litigation, due to exposure to mold contamination, construction materials such as wood or carpeting treated with

formaldehyde Formaldehyde ( , ) (systematic name methanal) is an organic compound with the chemical formula and structure , more precisely . The compound is a pungent, colourless gas that polymerises spontaneously into paraformaldehyde. It is stored as ...

, and

pesticides Pesticides are substances that are used to pest control, control pest (organism), pests. They include herbicides, insecticides, nematicides, fungicides, and many others (see table). The most common of these are herbicides, which account for a ...

, and lead paint. Some imported consumer items, such as toys and ceramics, may be produced with dangerously high levels of lead.

Environmental exposure

People may also be injured from environmental

toxins A toxin is a naturally occurring poison produced by metabolic activities of living cells or organisms. They occur especially as proteins, often conjugated. The term was first used by organic chemist Ludwig Brieger (1849–1919), derived ...

in the air or in

drinking water Drinking water or potable water is water that is safe for ingestion, either when drunk directly in liquid form or consumed indirectly through food preparation. It is often (but not always) supplied through taps, in which case it is also calle ...

Common chemicals in toxic tort cases

When a toxic tort case is based on chemical exposure, the following chemicals may be involved: *

Nerve agent Nerve agents, sometimes also called nerve gases, are a class of organic chemistry, organic chemicals that disrupt the mechanisms by which nerves transfer messages to organs. The disruption is caused by the blocking of acetylcholinesterase (ACh ...

s (including sarin) * Mercury *

Asbestos Asbestos ( ) is a group of naturally occurring, Toxicity, toxic, carcinogenic and fibrous silicate minerals. There are six types, all of which are composed of long and thin fibrous Crystal habit, crystals, each fibre (particulate with length su ...

Benzene Benzene is an Organic compound, organic chemical compound with the Chemical formula#Molecular formula, molecular formula C6H6. The benzene molecule is composed of six carbon atoms joined in a planar hexagonal Ring (chemistry), ring with one hyd ...

Beryllium Beryllium is a chemical element; it has Symbol (chemistry), symbol Be and atomic number 4. It is a steel-gray, hard, strong, lightweight and brittle alkaline earth metal. It is a divalent element that occurs naturally only in combination with ...

Dioxins and dioxin-like compounds Dioxins and dioxin-like compounds (DLCs) are a group of chemical compounds that are persistent organic pollutants (POPs) in the environmental pollutant, environment. They are mostly by-products of burning or various industrial processes or, in the ...

Agent Orange Agent Orange is a chemical herbicide and defoliant, one of the tactical uses of Rainbow Herbicides. It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1962 to 1971. T ...

Manganese Manganese is a chemical element; it has Symbol (chemistry), symbol Mn and atomic number 25. It is a hard, brittle, silvery metal, often found in minerals in combination with iron. Manganese was first isolated in the 1770s. It is a transition m ...

Polychlorinated biphenyl Polychlorinated biphenyls (PCBs) are organochlorine compounds with the formula Carbon, C12Hydrogen, H10−''x''Chloride, Cl''x''; they were once widely used in the manufacture of carbonless copy paper, as heat transfer fluids, and as dielectri ...

(PCB) *

Pesticides Pesticides are substances that are used to pest control, control pest (organism), pests. They include herbicides, insecticides, nematicides, fungicides, and many others (see table). The most common of these are herbicides, which account for a ...

Silica Silicon dioxide, also known as silica, is an oxide of silicon with the chemical formula , commonly found in nature as quartz. In many parts of the world, silica is the major constituent of sand. Silica is one of the most complex and abundant f ...

Hexavalent chromium Hexavalent chromium (chromium(VI), Cr(VI), chromium 6) is any chemical compound that contains the element chromium in the +6 oxidation state (thus hexavalent). It has been identified as carcinogenic, which is of concern since approximately of ...

* Chromium(III) oxide

Common diseases in toxic tort cases

Among the medical conditions that may be alleged to be caused by exposure to a toxic substance, the following may be claimed in toxic tort cases. * Aplastic anemia *

Asbestosis Asbestosis is long-term inflammation and pulmonary fibrosis, scarring of the human lung, lungs due to asbestos fibers. Symptoms may include shortness of breath, cough, wheezing, and chest pain, chest tightness. Complications may include lung canc ...

* Berylliosis *

Byssinosis Byssinosis is an occupational lung disease caused by inhalation of cotton or jute dust in inadequately ventilated working environments and can develop over time with repeated exposure. Byssinosis commonly occurs in textile workers who are employe ...

* Hodgkins disease *

Interstitial lung disease Interstitial lung disease (ILD), or diffuse parenchymal lung disease (DPLD), is a group of respiratory diseases affecting the interstitium (the tissue) and space around the alveoli (air sacs) of the lungs. It concerns alveolar epithelium, pulm ...

Leukemia Leukemia ( also spelled leukaemia; pronounced ) is a group of blood cancers that usually begin in the bone marrow and produce high numbers of abnormal blood cells. These blood cells are not fully developed and are called ''blasts'' or '' ...

Lymphoma Lymphoma is a group of blood and lymph tumors that develop from lymphocytes (a type of white blood cell). The name typically refers to just the cancerous versions rather than all such tumours. Signs and symptoms may include enlarged lymph node ...

* Manganism *

Mesothelioma Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The area most commonly affected is the lining of the lungs and chest wall. Less commonly the lini ...

Multiple myeloma Multiple myeloma (MM), also known as plasma cell myeloma and simply myeloma, is a cancer of plasma cells, a type of white blood cell that normally produces antibody, antibodies. Often, no symptoms are noticed initially. As it progresses, bone ...

* Pneumoconiosis *

Sarcoidosis Sarcoidosis (; also known as Besnier–Boeck–Schaumann disease) is a disease involving abnormal collections of White blood cell, inflammatory cells that form lumps known as granulomata. The disease usually begins in the lungs, skin, or lymph n ...

Silicosis Silicosis is a form of occupational lung disease caused by inhalation of crystalline silica dust. It is marked by inflammation and scarring in the form of Nodule (medicine), nodular lesions in the upper lobes of the lungs. It is a type of pneum ...

* Thrombocytopenic purpura