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A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease. A personal injury occurs when a Person has suffered some form of Injury, either physical or psychological as the result of an Accident or Medical A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit

Contents

Different types

Toxic torts arise in several contexts. People are typically exposed to toxic chemicals from pharmaceuticals, from consumer products, from the environment, in the home, and at work. A chemical substance is a Material with a definite chemical composition. A drug, broadly speaking is any chemical substance that when absorbed into the body Most toxic tort cases have arisen either from exposure to pharmaceutical drugs or occupational exposures. Most pharmaceutical toxic injury cases are mass tort cases, because drugs are consumed by thousands of Americans, many of whom become ill from a toxic drug. 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. Most of the law in this area arises from asbestos exposure, but thousands of toxic chemicals are used in industry and American workers experience a variety of toxic injuries. Asbestos is a group of Minerals with long thin fibrous Crystals The word "asbestos" (῾ἀσβεστος is derived from a Greek adjective Unlike the general population, which is exposed to trace amounts of thousands of different chemicals in the environment, industrial workers are 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. The home has recently become the subject of toxic tort litigation, mostly due to mold contamination, but also due to construction materials such as formaldehyde-treated wood and carpet. Formaldehyde is a Chemical compound with the formula H2CO It is the simplest Aldehyde —an organic compound containing a terminal Carbonyl Toxic tort cases also arise when people are exposed to consumer products such as pesticides and suffer injury. A pesticide is a substance or mixture of substances used to kill a pest. Lastly, people can also be injured from environmental toxins in the air or in drinking water. A toxin ( Greek:, toxikon, lit (poison for use on arrows is a Poisonous substance produced by living cells or organisms that is active at very low In recent years, ambitious lawyers have increasingly filed environmental toxic tort cases.

Differences from other types of toxic litigation

Pharmaceutical toxic tort cases are often litigated against drug manufacturers and distributors, as well as prescribing physicians. However, pharmaceutical toxic tort cases differ from medical malpractice actions because they are essentially product liability cases, the defective product being the drug. Medical malpractice is professional negligence by act or omission by a Health care provider in which care provided deviates from accepted standards of practice 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 Occupational toxic tort cases arise from work but differ from workers' compensation claims, because workers' compensation claims are made against the worker's employer, while an occupational toxic tort case usually must be brought against "third parties," i. Workers' compensation (colloquially known as workers' comp in North America or compo in Australia) a form of Insurance that provides e. , people or entities other than the employer - usually manufacturers or distributors of chemicals or the machines or devices that expose the worker to the chemicals, or the owners and lessors of premises where the worker was exposed to the toxic chemicals. Some people also consider lawsuits claiming damage to real property to be toxic torts cases. However, real property contamination cases are qualitatively different from cases alleging toxic injuries to persons.

Common chemicals in toxic tort cases

Common diseases in toxic tort cases

See also

External links

Benzene, or benzol, is an organic Chemical compound and a known Carcinogen with the molecular formula C 6 H 6 Beryllium (bəˈrɪliəm is a Chemical element with the symbol Be and Atomic number 4 A pesticide is a substance or mixture of substances used to kill a pest. The Chemical compound silicon dioxide, also known as silica or silox (from the Latin " Silex " is an Oxide Manganese (ˈmæŋgəniːz is a Chemical element, designated by the symbol Mn. Asbestos is a group of Minerals with long thin fibrous Crystals The word "asbestos" (῾ἀσβεστος is derived from a Greek adjective Not to be confused with Dioxane or Digoxin. Dioxin is a heterocyclic, organic, antiaromatic compound Agent Orange is the code name for a powerful Herbicide and Defoliant used by the U Polychlorinated biphenyls ( PCB s are a class of Organic compounds with 1 to 10 Chlorine atoms attached to Biphenyl which is a molecule composed Berylliosis or chronic beryllium disease (CBD is an Occupational lung disease. Pneumoconiosis is an Occupational lung disease caused by the Inhalation of dust Silicosis (also known as Grinder's disease and Potter's rot) is a form of Occupational lung disease caused by inhalation of crystalline Silica Asbestosis is a chronic inflammatory medical condition affecting the Parenchymal tissue of the Lungs It occurs after long-term heavy exposure Byssinosis, also called "brown lung disease" or "Monday fever" is an Occupational lung disease caused by exposure to Cotton dust in inadequately Leukemia or leukaemia (Greek leukos λευκός, "white" aima αίμα, "blood" is a Cancer of the Blood Sarcoidosis, also called sarcoid (from the Greek sarx, meaning "flesh" or Besnier-Boeck disease, is an immune system disorder characterized Lymphoma a type of Neoplasm that originates in Lymphocytes (a type of White blood cell in the vertebrate Immune system) Interstitial lung disease (ILD, also known as diffuse parenchymal lung disease (DPLD, refers to a group of Lung diseases affecting the Interstitium Multiple myeloma (also known as MM, myeloma, plasma cell myeloma, or as Kahler's disease after Otto Kahler) is a type of Hodgkin's lymphoma, also known as Hodgkin's disease is a type of Lymphoma first described by Thomas Hodgkin in 1832 Manganism or manganese Poisoning is a Toxic condition resulting from chronic exposure to Manganese and first identified in 1837 by James Thrombocytopenic purpura are Purpura associated with a reduction in circulating Blood platelets which can result from a variety of causes Toxicity is the degree to which a substance is able to damage an exposed organism The term carcinogen refers to any substance Radionuclide or radiation that is an agent directly involved in the promotion of Cancer or in the fatation of its propagation The Open Directory Project ( ODP) also known as dmoz (from directory The Open Directory Project ( ODP) also known as dmoz (from directory
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