New Jersey Toxic Tort Attorneys

Exposure to toxic substances remains a leading cause of preventable injury and death in the United States. Much of the exposure that takes place is in a work environment. According to the International Labour Organization, “Every year more than 1 billion workers are exposed to hazardous substances, including pollutants, dusts, vapours and fumes in their working environments. Many of these workers lose their life following such exposures, succumbing to fatal diseases, cancers and poisonings, or from fatal injuries following fires or explosions.” The Occupational Safety and Health Administration estimates that more than 190,000 workers become ill and 50,000 die due to chemical exposure.

Many other people are exposed to toxic substances outside of work. This may include exposure to substances like Agent Orange, asbestos, lead, silica, benzene, and mold. Any person who becomes ill after being exposed to toxic substances can seek aid through a toxic tort. These cases are often pursued as product liability claims. If you or someone that you care about has been injured due to exposure to toxic substances, you may be entitled to financial compensation. The New Jersey toxic tort attorneys at Gersowitz Libo & Korek, P.C. are here to help you. We can evaluate the unique facts of your case and let you know if you have a claim that can be pursued. You can reach us anytime at 800-529-9997.

Which Substances Can Result In Toxic Tort Claims

Exposure to a wide variety of substances can result in a toxic tort claim. One of the most common substances that can give rise to a claim is asbestos. Asbestos is a group of naturally occurring fibrous minerals that were regularly used as building materials due to their physical properties. Among other things, it has high tensile strength and is resistant to heat. However, when asbestos is disturbed, it can become airborne and imbed in a person’s lungs. This can lead to mesothelioma, asbestosis, and lung cancer.

• Lead Exposure: A person may be exposed to lead by inhaling or ingesting it. A number of products have contained lead, including paint, plumbing, gasoline, and ceramics. This has led to widespread exposure and contamination risks.
• Silica Exposure: Silica exposure involves inhaling silica dust. This can lead to serious health issues, especially with a person’s lungs. This dust can be created in a variety of different settings, including construction, mining, and manufacturing.
• PFAS: Per- and polyfluoroalkyl substances (PFAS) are a diverse group of chemicals used in a variety of different products, including stain and water-resistant fabrics. According to the U.S. Geological Survey, at least 45% of the nation’s tap water is estimated to have one or more types of PFAS.
• Water Contamination: Water can be contaminated by a variety of different chemicals. This includes industrial discharges from factories. It can also include agricultural runoff from pesticides, herbicides, and fertilizers.
• Agent Orange: Many veterans have become seriously ill after being exposed to Agent Orange. Agent Orange is an herbicide and defoliant chemical that was commonly used by the U.S. military during the Vietnam War to destroy crops around military bases.
• Benzene Exposure: Benzene is a widely used industrial chemical and a known carcinogen. It is often used in plastics, resins, synthetic fibers, rubber, lubricants, and dyes. Exposure can occur through inhalation, ingestion, or skin contact.

In many situations, people may not even realize that they are being exposed to harmful substances. This is particularly true when people are exposed to toxins through the water supply. Exposure to hazardous substances can have long-term health effects, including cancer and immune system disorders. These ailments may not present themselves until many years or decades after a person has been exposed. This is why it is so important for companies and property owners to take reasonable measures in order to protect the public from toxic substances.

How To Prevent Toxic Substance Exposure

Toxic substances can leave people with deadly illnesses and long-term disabilities. Many people develop cancer, which cuts their life expectancy by decades. It is therefore imperative that various parties take steps in order to protect the public from these hazards. What follows are some of the measures that should be taken in order to protect people from toxic substances.

• Workplace Regulatory Compliance: Companies should ensure that they are following all OSHA guidelines at all times. This includes providing workers with adequate personal protective equipment (PPE), including gloves, masks, and protective clothing.
• Identify Hazards: Businesses and property owners should do their best to identify hazards in order to mitigate them. This should include scanning for asbestos in the paint of older buildings and testing faucets for lead in the water.
• Safety Regulations: Companies that manufacture consumer goods should do their best to comply with all health and safety regulations set by the Consumer Product Safety Commission and the Environmental Protection Agency. They should also warn about the dangers associated with the use of their products.
• Regular Monitoring: Businesses, property owners, and government agencies should continuously monitor air, water, and soil quality for the presence of hazardous substances.
• Engage With Experts: Companies should routinely consult with environmental health and safety experts to ensure that all of their protective measures are effective and up-to-date.

By taking the above steps, organizations can significantly reduce the risk of toxic tort exposure and protect the health and safety of the public. Sadly, though, this does not always happen. It is relatively common for companies to ignore safety protocols that could easily put their workers at risk. Likewise, companies that manufacture consumer goods may not sufficiently test their products to ensure that they are free from hazardous substances.

Liability For Toxic Tort Claims

Depending on the facts of any case, there could be numerous sources of liability for a toxic tort claim. In particular, companies that manufacture products containing toxic substances could be held responsible through a product liability claim. In order to win a toxic tort claim, plaintiffs will need to show that: (1) they were exposed to the toxic substances, (2) the defendant is legally responsible for their exposure; (3) the plaintiff suffered from or is currently suffering from the exposure; and (4) the plaintiff’s injury was proximately caused by exposure to the toxic substances. Several other entities could face liability for toxic tort claims.

• Property Owners: Every property owner has a legal obligation to ensure that their premises are in a reasonably safe condition. This includes protecting guests and others from toxic substances that may be latent within the property.
• Business Owners: A business could face liability for toxic tort exposure if they violate Environmental Protection Agency Regulations. This could include situations where businesses improperly dispose of hazardous materials that contaminate groundwater or soil.
• General Contractors: The general contractor for a manufacturing site or construction company could be liable for toxic tort claims if they fail to protect workers. Among other things, workers must have access to personal protective equipment (PPE) when they are exposed to silica dust and other hazardous materials.
• Distributors and Retailers: Entities that distribute or sell toxic substances could be liable if they fail to warn customers about potential risks. They may also be liable if they knowingly sold defective products without adequate safety instructions.
• Government Agencies: In certain instances, government agencies could be liable if they failed to enforce safety regulations that exposed the public to toxic substances. This could include instances where government-operated trains derail and cause a massive chemical spill.
• Chemical Storage Facilities: There are very strict regulations with respect to storing chemicals. When chemical storage facilities fail to follow regulations, this could easily lead to accidents and expose these facilities to civil liability.

Toxic tort claims are often highly complex and may involve several liable parties. This is why it is so important that evidence is properly preserved after any toxic tort exposure. Evidence can help paint a clear picture of who could be at fault, regardless of what any company or person claims. Collecting this evidence and analyzing its implications requires the insight of a skilled toxic tort attorney.

Steps To Take After Exposure To Toxic Substances

Being diagnosed with an illness due to toxic substance exposure can be devastating. According to the Environmental Protection Agency, exposure to certain hazardous materials can cause severe health effects, including behavioral abnormalities, cancer, genetic mutations, physiological malfunction, physical deformations, and birth defects. These illnesses can have profound impacts on both individuals and their families. Any person that has developed an illness after being exposed to toxic substances should take a number of measures in order to preserve their rights.

• Identify The Substance: People exposed to toxic substances should determine the type and nature of the toxic substance that they were exposed to.
• Seek Medical Attention: It is essential to seek medical attention as early as possible. People should also seek follow up care.
• Document The Incident: All documents related to the exposure should be preserved. This includes medical records.
• Contact An Attorney: Any person exposed to toxic substances over a period of time should contact a toxic tort attorney. An attorney can work to determine if you have a legal claim that can be pursued.

There is a tremendous peace of mind that comes with hiring an attorney in the event of toxic substance exposure. They operate on a contingency fee basis. This means that you owe them nothing up front, and they only get paid by the opposing party if they are able to successfully resolve your claim. Businesses, property owners, and product manufacturers will often do everything in their power to deny responsibility if someone is injured by their actions. An attorney can help balance the scale and make sure that your interests are taken into consideration at every step of the legal process.

Getting Legal Help After Toxic Tort Exposure

The New Jersey toxic tort attorneys at Gersowitz Libo & Korek, P.C. are committed to helping victims of toxic substance exposure. We understand how difficult it can be to live with an illness due to the negligence of another party. These incidents can make it impossible for someone to remain employed. In many circumstances, victims are left with medical debt and financial uncertainty.

If you or someone that you love has been harmed by a toxic substance, you may be entitled to financial compensation. Our law firm has consistently achieved record-breaking settlements for injury victims across New Jersey and New York. In fact, we have recovered over $1 billion for our deserving clients. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 800-529-9997.