Toxic Exposure & Environmental Lawsuits

Thinking about a toxic exposure claim? This page explains when and how toxic or environmental hazard lawsuits may apply.

Now, let’s take a closer look at toxic exposure and environmental disaster lawsuits.

Disclaimer: This page offers general information, not legal advice, and does not create an attorney‑client relationship. Some allegations mentioned are unproven in court. Information is based on public sources. Some inquiries are shared with a partner firm under a marketing arrangement.

Understanding Toxic Torts and Chemical Exposure Claims

A legal claim that arises from harm caused by exposure to toxic substances or chemicals is called a toxic tort.

Such a legal claim usually requires scientific evidence. This evidence is needed to prove that the toxic substance in question caused the harm.

Some examples of toxic torts would be:

• A farmworker who was exposed to the toxic herbicide Paraquat.
• A factory employee who inhaled benzene fumes.
• A military firefighter who developed cancer after exposure to AFFF foam.

Common Types of Toxic and Environmental Harm Cases

Sudden disasters and long-term exposure can both lead to harmful toxic exposure. These events often harm both people and the environment.

An oil spill is an example of a sudden disaster. Lead in drinking water is an example of long-term exposure.

Cases involving toxic exposure can involve individuals, families, and even entire communities.

Let’s look at common types of substances and environmental hazards in these lawsuits.

Disclaimer: The cases mentioned below involve unrelated litigation handled by other firms. It is shared for informational purposes only. Past results do not guarantee future outcomes.

Industrial Chemicals

Many toxic tort cases involve chemicals used at work, in homes, or in consumer products. Here are some examples of substances and their impact:

Asbestos – A natural mineral once used widely in insulation, construction, and shipbuilding. Exposure can cause serious diseases such as mesothelioma, asbestosis, and lung cancer.

Benzene – A volatile organic compound that naturally occurs in crude oil. It’s used to manufacture plastics, synthetic fibers, rubber, lubricants, dyes, and pesticides. Long-term exposure has been linked to leukemia and other blood disorders.

Lead – A natural element once used widely in paints, plumbing pipes, gasoline, and industrial materials. Long-term exposure can cause neurological damage in children. It may also lead to cardiovascular and other health issues in adults.

Trichloroethylene (TCE) – An industrial solvent used for degreasing. Certain exposures to TCE have been linked to kidney cancer. It may also increase the risk of non-Hodgkin lymphoma and liver toxicity.

Silica – A mineral found in sand, stone, and other construction materials. Breathing in silica over time can cause silicosis, an incurable lung disease. It may also lead to lung cancer, COPD, or kidney disease.

Many organizations track hazardous substances. For example:

• The Environmental Protection Agency (EPA)
• The Occupational Safety and Health Administration (OSHA)

These organizations may issue warnings when health risks are identified. These agencies also set safety standards to help limit exposure.

Pesticides and Herbicides

In modern agriculture, pesticides and herbicides are commonplace. Several of these chemicals have faced legal scrutiny due to potential health risks. Here are some examples:

Glyphosate – A weed killer found in products like Roundup. Many lawsuits have alleged that long-term exposure to glyphosate can cause non-Hodgkin lymphoma.

Paraquat – A toxic herbicide used to control weeds and grasses. Exposure to this chemical has been associated with Parkinson’s disease.

Dacthal (DCPA) – An herbicide used on crops like broccoli. This was recently flagged by the EPA as a possible carcinogen.

Pathways to exposure for these chemicals can include:

• Occupational spraying
• Contaminated soil or water
• Drift from nearby farms

Forever Chemicals

PFAS stands for Perfluoroalkyl and polyfluoroalkyl substances.

PFAS are a group of man-made chemicals with a variety of applications. Some applications include industrial, manufacturing, military, and consumer goods-related uses. PFAS are especially popular for their resistant qualities. They are a key chemical that brands have used for years to make products heat, cold, oil, water resistant, etc.

What’s worse is that these chemicals don’t break down easily in nature or the human body.

PFAS has been linked to cancer and other illnesses in lawsuits and studies. These chemicals have, unfortunately, contaminated many drinking water sources across the United States.

Contaminated Products and Packaging

Some everyday products have raised health concerns in lawsuits or scientific reports. Even trusted everyday products can contain toxic substances or harmful ingredients. Here are some examples:

Baby Food – Toxic heavy metals have been found in baby foods. Legal claims allege that exposure to toxic metals in baby food may harm a baby’s developing brain.

Food Packaging – Some studies have raised concerns about chemicals in food packaging. Some substances have been flagged by health researchers for potential cancer risk.

Beauty Products – Certain beauty products may contain harmful substances. For example, chemical hair relaxers can contain formaldehyde, phthalates, and endocrine-disrupting chemicals. Some of these substances have been linked to cancer and other conditions.

Environmental Disasters and Pollutants

Some environmental disasters can release toxic chemicals into the air, water, and soil.

Train Derailments – Some train derailment disasters have released chemicals into the environment. An example of this was the 2023 East Palestine, Ohio derailment, which spilled vinyl chloride and butyl acrylate chemicals.

Wildfires – Wildfires come with a variety of health risks, especially due to the inhalation of smoke. Wildfire smoke has been tied to serious health risks, including cancer and lung disease.

Oil Spills and Chemical Leaks – Accidents with pipelines, rigs, and industrial sites can pollute water and ecosystems.

Some groups may face a higher risk of toxic exposure based on allegations in lawsuits and health data. Certain groups face higher risks due to where and how they live, work, or spend their time. Let’s look at some examples of groups that can be considered at higher risk than the average person.

Industrial and Agricultural Workers

Workers in certain industries often experience direct and frequent contact with hazardous substances. Examples are the construction, manufacturing, farming, and mining industries.

Military Service Members, Veterans, Military Families

Many service members and families say they were exposed to toxic chemicals on base. One main source is alleged PFAS-contaminated water on hundreds of military bases due to the use of AFFF foam.

Residents Living Near Contaminated Sites

People near contaminated sites may be exposed through air, soil, or water. An example of this was the municipal water contamination in Flint, Michigan.

Toxic exposure claims vary, but victims may seek compensation under several legal theories. Below are some common legal foundations for environmental and toxic tort claims. 

Negligence and Breach of Duty

Negligence happens when a person or company fails to take reasonable care with hazardous substances, and harm occurs.

An example may be a factory that dumps untreated chemical waste into a waterway. That company then may be liable for any resulting illnesses in downstream communities.

Product Liability

If a company sells a dangerous product or fails to warn about risks, it may be held liable.

Violations of Environmental and Safety Regulations

Violating federal laws and safety rules can be the basis for legal claims. An example is breaking OSHA rules that limit exposure to harmful substances at work.

Let’s review how one may begin the process of filing a toxic exposure lawsuit.

Evidence Required

Filing a toxic exposure lawsuit generally requires strong evidence. For example, alleged victims may be required to provide: 

• Medical records confirming a diagnosis
• Records showing they were present during the time of potential exposure
• Expert testimony, from a toxicologist, for example

Individual Lawsuits vs. Class Actions vs. MDLs

Lawsuits can be filed on your own, as part of a class action, or through multidistrict litigation (MDL). A class action is a single lawsuit filed on behalf of a group of people who have been harmed similarly. An MDL combines similar lawsuits before one judge to streamline pretrial motions and discovery. Another key difference is that in an MDL, each individual case remains separate and may have its own outcome.

Victims may qualify for compensation, depending on the case. The compensation they’d receive, if awarded, depends on the nature and severity of injuries. 

Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.

Compensation addresses financial losses and the broader impact on a person’s:

• Health
• Livelihood
• Quality of life

Here are the main categories of damages that might be available in these lawsuits:

• Medical Expenses and Ongoing Care
• Lost Wages and Reduced Earning Capacity
• Pain and Suffering
• Mental Health and Emotional Distress
• Wrongful Death Damages
• Loss of Consortium or Companionship
• Relocation or Property Damage Costs
• Punitive Damages

Note: Fill out the form or call to see if legal options may be available. Inquiries may be shared with a partner law firm under a marketing arrangement to assist with next steps.

Have you or someone you love experienced harm from toxic chemicals or an environmental disaster? If so, you may have legal options.

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