Substances that make you sick
could be lurking in plain sight wherever you live or work
Getting sick and you don’t know why or how? Sometimes, substances in your environment can make you sick, and it could take a long time to figure out the how and what. But New York toxic tort lawsuits investigate and seek out the nitty-gritty of these substances… and what you should do if you’re affected.
A “toxic tort” lawsuit is a legal claim that arises when a person or group of people are exposed to hazardous substances that could cause injury or illness. In most personal injury lawsuits, the plaintiff is a single injured person. But in a toxic tort action, the plaintiff could be an individual, group, or even a community whose health has been adversely affected by exposure to toxic chemicals or materials.
New York state has had several toxic tort lawsuits, and they range from large-scale community issues like the Love Canal to lawsuits related to lead paint in apartment buildings that cause injuries to children.
What are the elements of a New York toxic tort lawsuit?
- Exposure to a toxic substance
The plaintiff must have been exposed to a harmful chemical, substance or agent. It could be at home, in the workplace, or in your environment. A “substance” could be anything that contaminates the air you breathe, water you drink, a chemical within your home or office (like lead paint), or something that leaches into the soil where you grow food or is released into the environment some other way. - Causation
There could be a toxic substance present in your home or workplace, but to file a personal injury lawsuit for a toxic tort, you must prove that the substance caused some type of injury or illness. Its presence isn’t enough as a cause of action. This often requires scientific evidence and expert testimony to establish a direct link between the exposure and the health condition.
Types of substances typically involved in a New York toxic tort lawsuit
- Asbestos: Commonly associated with mesothelioma and lung cancer
- Lead: Can cause neurological damage, especially in children
- Pesticides: Linked to various health issues, including cancer and endocrine disruption
- Industrial chemicals, such as benzene: Associated with various issues, including cancer
- Environmental contaminants: These include groundwater pollution with chemicals like trichloroethylene (TCE) and per- or poly-fluoroalkyl substances (PFAS)
Types of toxic tort lawsuits in New York
Occupational exposure
These types of cases involve workers exposed to toxic substances in the workplace, such as asbestos in construction or chemicals in manufacturing.
Consumer products
Exposure to harmful chemicals in consumer products, such as pesticides, pharmaceuticals, or household cleaners could give rise to a toxic tort lawsuit.
Environmental exposure
There are communities exposed to pollution or contamination from industrial activities, waste disposal, or environmental disasters. Sometimes this manifests as widespread illnesses in the communities (“cancer clusters”), respiratory illnesses, birth defects, or other issues. Environmental exposure could be through soil, air, or water.
Pharmaceutical exposure
These are adverse effects from prescription or over-the-counter medications, or from implantable devices.
Legal tactics and theories for New York toxic tort lawsuits
Negligence
Negligence theory is the same for any personal injury. The plaintiff (injured person) must prove they were injured because the defendant’s actions lacked reasonable care to avoid harm. The lack of care must have been the actual cause of the plaintiff’s injury.
In toxic torts, one of the biggest challenges is proving causation. Many of the symptoms people experience from exposure to toxins could be similar to symptoms they could have for other reasons. Medical experts and others will be called upon to provide testimony that the exposure was the actual cause of the person’s illness.
Breach of warranty
A breach of warranty claim arises when a seller fails to fulfill the terms of a promise or warranty regarding the quality, condition, or performance of a product. There are two main types of warranties: express and implied.
Express warranty: This is an explicit guarantee made by the seller or manufacturer about the product. It can be written or oral.
Implied warranty: These are warranties that arise by operation of law, rather than by the seller’s explicit promise.
Strict liability
There are a few areas of law in which the defendant could be held liable even if they were not negligent, including lawsuits involving inherently dangerous activities or products.
Strict liability helps plaintiffs in toxic tort cases by allowing them to pursue compensation without the added burden of proving fault, focusing instead on the harm caused by the defendant’s activities or products.
The primary focus in strict liability toxic tort cases is establishing a causal link between the defendant’s product or activity and the plaintiff’s injury. This can be particularly relevant in cases involving exposure to hazardous substances where proving negligence might be complex. Strict liability often applies to manufacturers, distributors, and sellers of products. In toxic tort cases, this can include companies involved in producing, transporting, or disposing of hazardous substances.
Product liability
There are three causes of action for a defective product claim:
- Design defect
- Manufacturing defect
- Failure to warn
What are the challenges involved in New York toxic tort lawsuits?
A New York toxic tort lawsuit is complex for a variety of reasons.
- Proving causation: It can be difficult to establish a direct link between exposure and injury. This is due to the long-term latency of many illnesses and multiple potential factors (genetics, etc.).
- Scientific and medical evidence: Requires robust scientific data and expert testimony to support the claim.
- Statutes of limitations: This is the time a plaintiff has in which to file a lawsuit. Because some symptoms don’t appear for months, years, or decades following exposure, the statute of limitations begins to run on the date the plaintiff discovered or reasonably should have discovered the illness or injury.
- Complexity and cost: Toxic tort cases can involve numerous scientific expert witnesses, testing, analysis, and other discovery and testimony that could cost a lot of money and be time-consuming.
Notable toxic tort lawsuits in New York
The Love Canal (Niagara Falls)
In the late 1970s, it was discovered that a neighborhood in Niagara Falls, known as Love Canal, was built on a toxic waste dump. Residents experienced high rates of cancer, birth defects, and other health problems.
The incident led to the evacuation of the area and numerous lawsuits against Hooker Chemical (now part of Occidental Petroleum) and other parties. It also spurred the creation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law.
Hudson River PCBs (polychlorinated biphenyls)
General Electric (GE) discharged PCBs into the Hudson River from its plants in Fort Edward and Hudson Falls, New York, from the 1940s to the 1970s. PCBs are toxic chemicals that can cause cancer and other health problems.
The contamination led to a massive cleanup effort overseen by the Environmental Protection Agency (EPA). GE has been involved in litigation and settlements to cover the costs of the cleanup and damages.
Lead Paint exposure in New York City apartment buildings
Many older buildings in New York City still contain lead paint, which can cause severe health problems, particularly in children. There have been numerous lawsuits against landlords and the city for failing to address lead paint hazards.
These lawsuits have resulted in significant settlements and judgments, pushing for stricter enforcement of lead paint regulations and more aggressive remediation efforts.
Asbestos litigation
Asbestos was widely used in construction and manufacturing throughout the 20th century. Many workers in New York, particularly in shipyards, construction, and manufacturing plants, were exposed to asbestos and later developed mesothelioma, lung cancer, and asbestosis.
Numerous lawsuits have been filed in New York against asbestos manufacturers and employers. These cases often involve significant settlements or verdicts in favor of the plaintiffs.
Newtown Creek contamination
Newtown Creek, which forms part of the boundary between Brooklyn and Queens, has been heavily contaminated with industrial pollutants, including oil, PCBs, and heavy metals.
The site was designated a Superfund site in 2010. Litigation and settlements have involved various parties responsible for the contamination, including ExxonMobil and other industrial companies.
Hoosick Falls PFOA contamination
Residents of Hoosick Falls, New York, were found to have high levels of perfluorooctanoic acid (PFOA) in their drinking water, which was attributed to manufacturing operations by companies like Saint-Gobain and Honeywell.
This has led to multiple lawsuits by residents seeking compensation for health monitoring, property devaluation, and personal injuries. Settlements and ongoing litigation are addressing these claims.
If you’ve suffered from exposure to a toxic chemical or substance, you might be eligible for a lawsuit. Contact a New York personal injury lawyer for more information and legal guidance.