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Toxic Tort Fundamentals

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Negligence

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A tort that arises from the breach of a duty of care, resulting in harm. Example: A landlord fails to remove lead paint, leading to tenants suffering from lead poisoning.

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Toxic Tort

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A legal claim for harm caused by exposure to a dangerous substance, such as pharmaceuticals, chemicals, or occupational toxins. Example: A group of residents file a lawsuit against a company for illnesses caused by contaminated groundwater.

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Toxic Exposure

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Contact with chemicals or other hazardous substances that can cause health problems. Example: Workers develop health issues after long-term exposure to asbestos in a construction site.

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Strict Liability

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A legal doctrine that holds a party responsible for their actions regardless of fault or intent. Example: A manufacturer may be strictly liable for harm caused by a defective product, without the need for the injured party to prove negligence.

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Breach of Duty

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Occurs when a party fails to fulfill their duty of care. Example: A company fails to properly dispose of hazardous waste, leading to environmental contamination.

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Duty of Care

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The legal obligation of a party to avoid actions that could foreseeably harm others. Example: A chemical plant has a duty of care to prevent leaks which could expose neighbors to toxic fumes.

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Product Liability

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An area of law in which manufacturers, distributors, suppliers, and retailers are held responsible for any injuries products cause. Example: Children harmed by toys containing toxic materials could lead to a product liability case.

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Statute of Limitations

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The time within which a claim must be filed, which may vary depending on the particular toxic tort. Example: A two-year statute of limitations for filing a claim related to acute chemical exposure injuries.

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Class Action Lawsuit

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A lawsuit filed by a group of people with the same or similar injuries caused by the same substance or action. Example: Residents of a community affected by a pesticide spill collectively sue the responsible company.

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Causation

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The requirement to show that the exposure to the toxic substance directly caused the injury or disease. Example: A smoker with lung cancer must prove that the tobacco was the cause of the cancer for a successful claim.

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