Toxic Torts Lawyer in Houston, TX
Attorneys for Toxic Exposure Cases
In recent years, toxic tort claims have become the center of many major news stories and personal injury cases. They generally involve exposure to harmful or toxic substances, some of which have been found in common household products. Technological and medical advancements have allowed mankind to achieve great things, but some of those advancements end up doing more harm than good. Also, our understanding of certain chemicals and substances evolves with time. Certain substances that we once thought safe might turn out to be carcinogenic or deadly in some other way. If you have been harmed by exposure to toxic chemicals, speak with a toxic torts lawyer right away.
At Reich & Binstock, we have extensive experience handling toxic tort litigation in many forms, including individual lawsuits and mass tort litigation. Our toxic tort attorneys are highly skilled in fighting for full and fair compensation on behalf of our clients. We have handled several complex toxic tort law cases and obtained favorable outcomes in class actions, MDL cases, and single lawsuits for our clients. If you have suffered damages from any of the toxic tort cases we handle, feel free to call our Houston personal injury lawyers at 713-622-7271 to schedule your free consultation. Our attorneys currently handle the following toxic tort matters.
- Water contamination lawsuit
- Camp Lejeune water contamination
- Asbestos exposure
- Roundup exposure
- Paraquat exposure
- Hair relaxer cancer lawsuit
- Pharmaceutical injuries (Elmiron, Injectafer, Tasigna, Taxotere, Truvada, Xarelto, Xeljanz, and Zantac)
- Benzene sunscreen recall
- Talcum powder lawsuit
- Soil Contamination
- PFAS Contamination
What Is Toxic Tort Law?
Toxic tort law involves legal claims that one person or a group of people brings after suffering harm due to exposure to a dangerous substance. Common examples of toxic exposure include cases involving dangerous drugs, pesticides, and certain chemicals. Toxic tort cases involve the plaintiff alleging that their exposure to a certain substance caused them injury or illness. Most toxic tort litigation arises from the following forms of exposure.
- Workplace exposure: Industrial workers and chemical plant employees are frequently exposed to high levels of toxic materials. Claims such as these have given rise to massive cases, such as asbestos litigation and benzene exposure lawsuits.
- Dangerous drugs: Sometimes, prescription medications and over-the-counter medications can have dangerous unintended side effects. When this happens, consumers have the right to file a lawsuit for the injuries and financial losses they suffered.
- Home exposure: Toxic tort cases can even arise from exposure to hazardous substances in the home. Examples include mold cases, contaminated drinking water, and even air emissions from nearby plants or refineries.
- Exposure via consumer products: Pesticides, herbicides, and other consumer products can also lead to a toxic tort case. Cases like these fit into both toxic tort categories and product liability litigation.
Examples of Toxic Tort Cases
As we mentioned before, toxic tort litigation encompasses a wide variety of case types that both federal and state courts could have jurisdiction over. Toxic tort lawyers are those who have experience not only in both state and federal courts, but also in class action or MDL cases. It is extremely important for plaintiffs to work with attorneys who can develop a strong, viable litigation strategy to go up against major companies. In some cases, they may even be litigating against the United States Government. For this reason, we recommend seeking out experienced trial attorneys to help with your claim.
Below, we include several examples of some of the cases that toxic tort lawyers may handle in state, federal, or district court.
Employees at a chemical company often have more inherent dangers than those with an office job might have. Certain gasses and chemicals can be deadly to workers if inhaled, ingested, or even absorbed into the skin. If workers suffer personal injuries or illnesses as a result of exposure at the workplace, they may have the basis for a toxic exposure lawsuit.
Asbestos and Mesothelioma
You’ve probably seen or heard a commercial about filing a claim for asbestos exposure that led to a mesothelioma diagnosis. Asbestos claims allow victims suffering from mesothelioma, as well as their families, to file a claim and seek compensation for their losses. The three types of claims victims can file are personal injury, wrongful death, and trust fund claims.
A mold-related tort requires plaintiffs to prove that their exposure caused an illness or injury. They must also show that the defendant was negligent in preventing the growth of mold, removing the mold, or warning the plaintiff of the presence of mold.
Exposure to pesticides can occur just about anywhere, not just on farms. While commercial farmers tend to be at a much higher risk of exposure, people can still be exposed to pesticides at home, at work, or even at school. If someone is exposed to high levels of pesticides, they may develop serious health problems over time. These victims have a right to pursue compensation for their alleged exposure.
Similar cases involve the use of the herbicide paraquat. Read our blog about the latest paraquat lawsuit update to learn more.
Benzene is a known human carcinogen, which means that it is capable of causing cancer in humans. It is commonly found in various chemicals and solvents, although recent class action cases have found unsafe levels of benzene in other products, such as sunscreen. Benzene is believed to increase the risk of certain cancers, including leukemia, by as much as 40%. Currently, there is a class action claim against Johnson & Johnson, the makers of several recalled sunscreen products.
Although lead paint has been banned for residential use since 1978, the harmful substance is still found in millions of homes across the United States. Many parents have filed lawsuits after learning of their child’s exposure to lead paint in their toys. However, most lead exposure lawsuits arise from contaminated drinking water, groundwater contamination, and soil contamination.
Property and Water Contamination
If your property becomes contaminated by a chemical spill or another contaminant, you have the right to file property damage claims alleging the depreciation of your property’s value. You can also file a claim for contamination of the natural resources on your property, such as the groundwater. When harmful substances are spilled or leaked onto your property, you may suffer from more than just illnesses. Your property’s value may decrease significantly, and it may be difficult to sell your home. You can sue the responsible parties for both property damage and toxic exposure.
Environmental Toxic Tort
The Environmental Protection Agency plays an important role in investigating, researching, and developing new environmental regulations that aim to keep people and the environment safe. Unfortunately, not every person or company understands the importance of proper storage and disposal of toxic chemicals. Negligence can lead to complex environmental issues, such as large-scale oil spills or contaminated water sources. Even with government enforcement from the EPA, some individuals still contribute to significant health and environmental damage.
How Do You Prove a Toxic Tort?
In order to prove personal injury claims involving toxic torts, plaintiffs must prove that certain elements exist in their case. Generally, a plaintiff must prove the following three elements in a toxic mass tort action.
- The substance in question is dangerous.
- The plaintiff was exposed to that substance.
- They suffered harm as a result of their exposure.
Oftentimes, the defendants in toxic tort claims are large companies or corporations that have whole teams of lawyers at their disposal. This is why working with highly skilled toxic tort attorneys is so important. Defendants will try all manner of defense strategies to avoid culpability for their negligence, including procedural defenses. However, a good attorney will gather all necessary evidence, call upon expert witnesses, and work closely with their clients in order to craft an ironclad strategy. After all, some of these cases end up in federal court, which means you’ll need to be as prepared as possible to succeed.
Does Toxic Tort Fall Under Strict Liability?
In some cases, yes. Toxic torts can fall under multiple claim types, including strict liability. In a strict liability case, toxic tort lawyers must prove that certain actions by the defendant contributed to the incident. They must also show that these actions were very dangerous and could result in injuries to any person involved in that incident. In a strict liability claim, it is not necessary to prove negligence, only that the defendant actually acted in the way alleged by the plaintiff.
What Is a Toxic Torts Lawyer?
A toxic torts lawyer handles claims such as those we mentioned above. Specifically, toxic tort attorneys specialize in certain areas of tort law that involve exposure to dangerous substances. While at first, this may sound relatively simple, it isn’t. Toxic tort laws can be extremely complicated, especially when a case involves a group of people suing one entity for the same reason. Many of these claims develop into multidistrict litigation cases, which means that a toxic tort attorney will need considerable experience in this field.
It is extremely important for lawyers handling toxic tort cases to stay up to date on all relevant changes in tort law. This will ensure that they can adequately represent their clients in court against powerful teams of defense attorneys. At Reich & Binstock, our trial attorneys have decades of experience in their fields. This means you can rest assured that your case will be handled by highly experienced legal professionals.
Who Is Liable in a Toxic Tort Claim?
There are many possibilities in terms of who might be liable in a toxic tort claim. It mostly depends on the facts of the case. However, certain types of defendants are more common to see than others. While it can seem difficult to pinpoint who to blame in a tort case, your attorney will know how to make this determination. Below, we list possible defendants in a toxic tort claim.
- Chemical manufacturers or distributors
- Property owners or lessors
- Manufacturers of defective equipment that was supposed to shield people from exposure
- Manufacturers of dangerous or defective drugs or products
- Companies or businesses that improperly stored or disposed of dangerous chemicals
Contact a Toxic Torts Lawyer Today
At Reich & Binstock, our top priority is to ensure that our clients receive the compensation they deserve for their injuries. Cases of toxic exposure vary greatly in terms of how many people may be affected. One person may suffer an injury or illness, or an entire community could suffer that fate. Our attorneys have considerable trial experience, and we have obtained summary judgment, as well as going to trial in pursuit of justice. If you have suffered an injury or illness as a result of toxic exposure, contact the attorneys at Reich & Binstock today. Call our Houston law office at 713-622-7271 to schedule your free consultation with us.
There is a never a fee unless we recover on your behalf.