Pittsburgh Toxic Chemical Exposure Lawyers
Types of Toxic Tort Claims
A “tort” is a claim for damages based on some kind of personal injury, and a toxic tort is a claim for damages based on an injury caused by a toxic substance. Toxic torts can be divided into four main types:
- Occupational exposure: Industrial workers are frequently exposed to various toxins such as asbestos and benzene.
- Pharmaceuticals: Pharmaceuticals can have unintended side effects, or they can be inherently dangerous due to a design or manufacturing defect. Xarelto and Vioxx are examples of pharmaceuticals that have been frequently litigated.
- Home exposure: You can be exposed to toxic chemicals, such as radon and toxic mold, even in your own home.
- Consumer products: Lead-based paint and certain pesticides have been a frequent target of litigation, among many others.
Common Defenses Against Toxic Tort Claims
A defendant can choose from among many different defenses for a toxic tort claim, depending on the circumstances. Some of the most popular defenses include:
- Assumption of Risk: You could lose your claim if you were warned of the risk but chose to expose yourself to the substance anyway.
- Comparative negligence: If the harm you suffered was in any way caused by your own negligent behavior, you could lose your claim entirely or you could see the amount of your damages reduced, depending on the degree of your culpability compared to the defendant’s culpability.
- Expiration of the statute of limitations period: In Pennsylvania, you generally have two years after your injury to file a lawsuit. Certain exceptions to this rule sometimes apply, however.
A skilled Pittsburgh toxic chemical exposure attorney will know how to respond to each of these defenses.
Additional Practice Areas
At KDS Legal, our Pittsburgh lawyers frequently take clients with the following types of claims:
- Mesothelioma claims
- Asbestos and asbestos-related claims
- Personal injury claims
- Medical malpractice claims
- Wrongful death claims
Frequently Asked Questions (FAQs)
Do I have to prove my toxic chemical exposure claim beyond a reasonable doubt?
No, because your claim is a civil claim, not a criminal prosecution. In most lawsuits, including toxic chemical exposure lawsuits, the appropriate standard is a “preponderance of the evidence.” This means that you must prove that your claim is more likely than not to be valid – something like 50.1 percent likely.
Who can I file a claim against?
Many different possibilities exist, depending on the results of a preliminary investigation, including:
- The manufacturer of the toxic chemical;
- The manufacturer of machinery that exposed you to a toxin;
- The owner or renter of a building or site that contains a toxin;
- A company that stored the toxin; or
- The manufacturer of safety equipment intended to protect workers from toxins.
How does a product liability claim work?
In a Pennsylvania product liability claim, you can sue the manufacturer of a defective product (including a toxic substance) if it was rendered unreasonably dangerous due to a design defect, a manufacturing defect, or a failure to warn of the product’s dangers.
Who can file a claim if the victim dies from his exposure to a toxic chemical?
The personal representative of the victim’s estate (the executor) should file a wrongful death claim. You have two years from the date of the victim’s death to file a lawsuit.
Contact a Pittsburgh Toxic Chemical Exposure Lawyer at KDS Legal Today
If you believe that you have been harmed by toxic chemical exposure, the Pittsburgh attorneys at KDS Legal can help. Call our Pittsburgh office, email us at firstname.lastname@example.org, or contact us online so that we can set up a free initial consultation. We know that money might be tight, but don’t worry – our total bill to you will be precisely $0.00 unless we win your case.
We serve clients in North Shore/North Side, Sewickley, Mt. Washington, and elsewhere in Pittsburgh as well as throughout Western Pennsylvania. And if you can’t come to us, we can come to visit you personally.