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Bronx Personal Injury & Real Estate Blog

Monday, August 31, 2020

Toxic Tort Lawsuits Start with Exposure

Q: What is a toxic tort?

During the summer months—and even longer in warmer climates-- swimming pools bring happiness and a welcome relief from the heat to people of all ages. Swimming is also great exercise. But swimming pools can be a source of danger and tragedy, too, as New York personal injury attorneys know too well.

Most people think of singular incidents like drownings or diving accidents when they envision pool tragedies, but sometimes pool problems affect many victims in a single incident. Like toxic gas clouds.

New York toxic tort attorneys help those who have been injured due to exposure to harmful substances.

Examples of toxic tort exposures

There are toxins all around us that can cause injury or illness in our homes, our workplaces, and out in public spaces. Toxins are in the air, the water, and in the ground that we walk on.

Common toxic tort exposures include but aren’t limited to:

  • mold in New York City apartments or workplaces;
  • workplace exposure to toxins like asbestos and benzene;
  • prescription medications;
  • consumer products like paints and pesticides.

Recently, a toxic gas cloud at a public pool reportedly “sickened” 27 people and sent five to the hospital. According to police, the “noxious cloud [was] formed by the combination of chlorine and muriatic acid (also known as hydrochloric acid)”. While the two chemicals are commonly used to treat swimming pools, chlorine gas had been used in chemical warfare during World War I to kill masses by asphyxiation. “Both chemicals, when in gas form, can cause acute respiratory distress and sickness when inhaled”.

Toxic tort lawsuits--which are a type of personal injury lawsuit--can involve one victim or may be brought as a class action lawsuit if there are multiple victims. The movie, Erin Brockovich, is one well-known example of a toxic tort class action lawsuit surrounding the contamination and cover-up of a community’s water supply, ultimately linked to serious illnesses of many community members.

In a toxic tort case, the burden is on the victim(s) to show a direct causal relationship between their exposure to a toxin and the injuries or illnesses suffered as a result of that exposure. If liability can be established, compensatory damages for medical costs, lost income, pain and suffering, and more—including punitive damages in some cases-- can be awarded.

If you or a loved one has been injured, or loved one has been killed, as a result of a toxic tort or any other incident or accident, the experts at the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in the Bronx, New York, we represent accident victims in New York City and New York State as well as those who have been injured while visiting New York.


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