Tag: Toxic Materials

Do People Ever Win Lawsuits Over Exposure To Toxic Materials?

Lawsuit on Exposure to Toxic Material

This kind of lawsuit is one of the most challenging lawsuits. Most of these include big companies who have all the resources to fight against a person or communities’ claims. But what is exposure to toxic material? This happens when a person or community is exposed to a chemical or other similar harmful substance which causes serious damage to one’s health or causes health problems to the people in a given community. In Warwick, facing the aftermath of toxic exposure requires a steadfast ally. Look to a personal injury law firm in Warwick for unwavering support and legal prowess, ensuring your voice is heard and justice is served against corporate giants.

Many people already sought justice for the long-term detriments of toxic exposure, and since these lawsuits involve big companies, it is also important that one hires an expert and experienced lawyer to fight the claim.

Some High Profile Cases on Exposure to Toxic Materials

There have been numerous high-profile cases where individuals or groups have successfully sued companies over exposure to toxic substances. One of the most famous cases is that of Erin Brockovich, who in the 1990s helped residents of Hinkley, California, win a 333 million dollar settlement from Pacific Gas and Electric (PG&E). The lawsuit was filed because PG&E had contaminated the town’s water supply with hexavalent chromium, a carcinogenic substance.

Another significant case involved the residents of Anniston, Alabama, who sued Monsanto Company over the contamination of their community with polychlorinated biphenyls (PCBs). In 2003, Monsanto and its spin-off company, Solutia, agreed to a 700 million dollar settlement to compensate the victims and fund cleanup efforts.

How to Win

There are a lot of aspects which the plaintiff must consider in order to successfully claim compensation and justice from the perpetrators. Some of which include the following:

  • Causation and Proof of Harm;
  • Negligence and Liability; and
  • Strict Liability.

It is important for the plaintiffs to prove that the toxic exposure directly caused their injuries or health issues. Plaintiffs must also demonstrate that the defendant was negligent in their handling, disposal, or manufacturing of the toxic substance which caused their exposure to said toxic substance. The plaintiff can present evidence or testimonies which proves that the company failed to follow safety regulations, ignored warnings about the dangers of the substance, or did not adequately inform the public about the risks. 

Many of these kinds of lawsuits are class action as these legal frameworks allow large groups of individuals affected by the same issue to pool their resources and present a united front. Nonetheless, while winning a lawsuit over exposure to toxic materials can be challenging, a lot of cases have already demonstrated that it is possible.

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