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What is Toxic Tort?

A toxic tort is a legal term which covers a wide array of personal injury claims & cases involving chemical exposure, inhalation exposure, products liability, real estate/construction remediation and environmental law claims in New Orleans. Most toxic tort cases arise because of medications, or through some sort of exposure at work.

In the event that you (the plaintiff) want to file a toxic tort case, there is generally a number of supporting evidence that must be proved: Evidence proving that the substance is dangerous, that you have been exposed to the substance, and that the substance did cause harm to you. Here are some common events that will often lead to toxic tort claims:

Toxic Mold

Being that the state of Louisiana continuously experiences hot and humid weather, mold is more pervasive in homes and buildings, especially in New Orleans. Conditions like this along with seasonal hurricanes increase the likelihood of becoming a victim of toxic black mold. The term toxic mold can be defined as mold that is considered “toxigenic” due to its ability to produce molecular toxins (known as mycotoxins). Toxic black mold (Stachybotrys chatarum) is a common mold that can be found in homes and buildings that have experienced flood damage. The spores of this black mold feed on home materials like carpet and drywall. If the spores are inhaled or ingested, there are common black mold symptoms that can occur. These symptoms can include, coughing, wheezing, and some cases have been linked to hypersensitivity pneumonitis. 

 

Occupational Toxic Exposure

In many occupations, it is not uncommon to be regularly exposed to various industrial chemicals. Some common workplace toxic exposures are asbestos, benzene, lead, silica, and talc. It is the legal responsibility of employers in New Orleans and elsewhere required by the Occupational Safety and Health Administration (OSHA), to maintain a safe level of toxin and chemical exposure in the workplace. If an employer fails to comply with this safety standard, and an employee suffers a toxic injury, it could result in an occupational toxic tort case.

 

Pharmaceutical Toxic Injury

These type of toxic tort cases takes place when a pharmaceutical drug is taken and it is believed to be the cause of toxic injury. Some cases that have resulted in toxic injury: pharmaceuticals that contained dangerous and unintended side effects, the pharmaceutical drugs being improperly marketed, and defected pharmaceutical drugs being manufactured.

 

Although some advancements in medicine and technology have aided in making lives better, sometimes unforeseen details can make its way through the process that leads to injury. Toxic tort cases can be a difficult process. Factors, like finding sufficient evidence and determining the correct person to sue, can make for a frustrating and seemingly hopeless situation. If you believe that you have had toxic mold exposure in your home or at work or another form of toxic injury, but unsure of the procedure you need to take to litigate, contact Voorhies for a free consultation. We're a trusted personal injury law firm right here in New Orleans, Louisiana. 

 

 

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