How Toxic is Your Case?One of the leading headlines of The Washington Post with regards to Energy and Environment read, “EPA moves to ban toxic paint stripper chemical for some but not all users”. The article stated that, “In the past year, major retailers such as Lowe’s and Home Depot have pulled all toxic chemicals used in paint strippers, methylene chloride, from the shelves. The families of those who have died after exposure to the substance have begged leaders of the Environmental Protection Agency (EPA) to finalize a ban that the agency proposed on Jan. 19 2017... But late last month, the EPA sent proposals to the Office of Management and Budget that would allow commercial operators to continue using the product as long as they underwent training, while banning its use by consumers.”
For any substance that caused harm or injury as a result of exposure, it requires evidence to support such a claim in court. Harm from exposure may include exposure to pesticides, asbestos and chemicals harmful to the body. If you have suffered harm as a result of toxic exposure to a specific drug or chemical you may file a toxic tort claim in order to receive compensation.
When asked to explain what a toxic tort was a Crowson Law Group attorney stated the following; “Generally, a tort is a civil wrong or an injury to a person’s body caused as a result of another person’s negligence or carelessness. So a toxic tort is a civil wrong or injury to a person’s body as a result of contact with a toxic substance. Exposure to a toxic substance has increased in the past 50 years due to the advancement of corporate industry and the number of dangerous toxic substances found in our environment that have grown immeasurably.”
Toxic claims often come about as a result of occupational exposure, home explosion, consumer products and pharmaceutical drugs. Some substances that cause significant injury to people are lead based paints that result in brain damage, asbestos that results in lung cancer and mesothelioma, pesticides that result in birth injuries, toxic landfill waste that results in leukemia and many others. An individual may be exposed to toxic substances by either ingesting, inhaling or having skin contact with such substances.
Individuals who have been harmed as a result of toxic exposure may file a toxic tort as an individual or in a class action. Whatever method is used to find relief, the key is to prove specific aspects in your circumstances relating to exposure to the toxin. While each state has its own relevant laws and legal theories regarding toxic tort cases a plaintiff must show the following three elements: 1) the substance involved was dangerous; 2) the plaintiff was exposed to the substance, and 3) the substance caused harm to the plaintiff. One article pointed out that, “Typically, the last two elements receive the most attention in toxic torts cases. This is especially true when the plaintiff’s exposure to toxic substances took place years, and sometimes even decades, in the past. The passage of time can make it difficult to obtain reference and other evidence linking the plaintiff to the toxic substances.”
The Anchorage lawyer handling your case will need to know the substance of exposure, the injuries caused and the medical documentation that connects the two aspects of the case.
About the company:
The Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. For legal representation in a toxic tort case contact the Crowson Law Group lawyers in Anchorage Alaska.
Company :Crowson Law Group
Address: 637 A St. Anchorage, AK 99501
Phone: (907) 677-9393
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