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Toxic Tort Fundamentals
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Negligence
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.
Toxic Tort
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.
Toxic Exposure
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.
Strict Liability
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.
Breach of Duty
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.
Duty of Care
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.
Product Liability
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.
Statute of Limitations
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.
Class Action Lawsuit
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.
Causation
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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