Toxic Poisoning
Wrongful Death Lawsuits
Deadly toxins are everywhere — in the ground, water and air, in the foods we eat and products we use, at our homes, schools, jobs and even places we visit. Asbestos, lead, benzene, vinyl chloride and carbon monoxide are just some of the toxins that put people at grave risk of serious injury, illness and death.
Death from toxic poisoning can be instantaneous or prolonged, and can occur decades later. The more time passes the harder it can be to prove that toxic exposure was the cause of death. Fortunately, ever-increasing medical evidence about the risks of harm from toxic substances — as well as the lengths to which some manufacturers and employers will go to disguise these risks — is making it easier to hold the responsible parties accountable for their actions. In recent times, thousands of families have received compensation from negligent manufacturers, in the form of settlements and court awards. If you have lost a loved one due to toxic poisoning, contact a wrongful death attorney as soon as possible — you may have as little as one year from the date of death to file suit.
Wrongful Death Damages
When serious injury or extended illness precedes a death from toxic exposure, the person who died (the "decedent") may have been entitled to damages for pain and suffering, lost wages and medical expenses. While this personal injury cause of action belonged to the victim of the toxic exposure, some states allow the action to pass to the victim's estate. This is known as a "survival action." Although the victim's estate and/or heirs take over this lawsuit, any compensation received is still in recognition of the victim's pain and suffering
Oftentimes, a separate lawsuit is filed for wrongful death. In a wrongful death lawsuit, the legal action is designed to compensate survivors (typically spouse, children, parents or other relatives) for the loss of their loved one.
Survivors may be entitled to recover economic damages related to the victim's death, such as medical and funeral costs and the present value of the loss of their loved one's future financial support. Those persons may also recover the value of non-economic damages such as the loss of the victim's love and companionship. Some states may allow additional "punitive damages" in personal injury and wrongful death cases if the defendant acted recklessly or with malice, with special consideration given to the severity of the defendant's wrongful actions. Contact a personal injury lawyer to learn more about settlements, lawsuits and your state's wrongful death laws.
Common Toxic Exposures
Household products, workplace hazards, toxic waste dumping and refinery accidents are just some of the ways toxic exposures occur. Some of the more commonly known toxins are:
Pesticides. Pesticides are chemicals commonly found in household and industrial products designed to kill rodents, insects, weeds and other unwanted "pests." Agricultural workers, groundskeepers, pet groomers and fumigators are often at great risk of exposure to pesticides. In some cases, employers purposely conceal the risks and can therefore be held liable for fraud.
Asbestos. Asbestos is a naturally occurring mineral used in industrial products such as flooring, textiles, insulation and cement, leaving miners, automobile workers and other industrial workers at risk. It is well documented that prolonged exposure to asbestos can cause serious diseases, most notably asbestosis and mesothelioma cancer. If a person is exposed to asbestos, one of the possible claims that may be made is against the property owner based on a legal theory called premises liability.
Benzene. Benzene is a chemical found in glues, paints, inks, waxes, pesticides, adhesives, plastics, dry cleaning fluids, gasoline, cigarettes and lubricants. Benzene affects the bone marrow's ability to produce red blood cells. People who are exposed to benzene over a longer period of time can develop potentially fatal blood diseases such as leukemia and lymphoma. Product liability claims such as failure to warn are commonly filed against manufacturers and distributors of consumer and industrial products containing benzene.
Vinyl chloride. Vinyl chloride is found in countless products — everything from children's toys and vinyl siding to shower curtains and carpet. It is a clear, odorless gas and a known carcinogen that causes brain cancer and other deadly illnesses. If a person is harmed because of an environmental exposure, such as seepage in the soil or groundwater near a manufacturing plant, the person or company who is responsible may be sued for negligence.
Other toxins. Many other toxins such as silica, radon, carbon monoxide and toxic molds are the subject of wrongful death litigation. If you think your loved one may have been harmed by a toxin, a wrongful death attorney will help you evaluate potential claim(s) against those responsible for the toxic exposure.
Toxic Exposure Liability
Depending on the case, your wrongful death attorney may use any number of legal theories (approaches) to hold a company or entity liable for toxic exposure. Here are some of the types of claims that are commonly filed:
Product Liability. If there was a defect in the product's design, manufacturing or marketing process that caused the toxic exposure, a product liability claim is appropriate. For example, if a chemical manufacturer's instructions for use were incorrect or failed to appropriately warn of an inherent danger, they could be held liable.
Premises Liability. If the owner or possessor of a property where toxic exposure occurred knew or should have known of the danger and failed to eliminate the dangerous condition or did not sufficiently warn of the condition, they can be held liable. If the owner of an apartment building was aware that the building contained toxins such as asbestos, lead paint or toxic mold, but failed to clean the toxins or warn the tenants, this could be grounds for a lawsuit based on premises liability.
Negligence. Anyone involved in the manufacture, sale, supply, maintenance or use of a toxic substance who 1) owed a duty of care to the plaintiff and 2) failed to exercise that duty and act as a reasonable person would have under the circumstances can be held liable. If, for example, a tire manufacturer learns that there is a defect in a product that is causing blowouts, it is the responsibility of that manufacturer to alert the consumer and possibly even recall the product. If not, victims of accidents caused by the product may file suit alleging negligence on the part of the manufacturer.
Abnormally Dangerous Activity. An uncommon activity that poses risk of serious harm no matter how carefully the activity is performed may be considered abnormally dangerous. Strict liability — meaning you do not need to prove negligence — would apply. For example, crop dusting with toxic chemicals might be considered an abnormally dangerous activity, in which case the company would automatically be liable for any resulting harm.
Fraud. If the defendant falsely led employees or consumers to believe they were safe from harm, a fraud claim can be filed. In asbestos litigation, plaintiffs have successfully used fraud claims against employers who knew their employees were working in dangerous work environments but failed to disclose the hazardous conditions to them.
Despite the increasing efforts of federal, state and local governments to safeguard our homes, workplaces, food, products and environment, the Environmental Protection Agency's list of toxic substances and the ways they can do harm continues to grow. If you have lost a loved one and suspect or know that a toxic substance is to blame, a wrongful death attorney may be able to negotiate a settlement or help you file a lawsuit against those responsible. 
[Last revision: June 18, 2010]
Between 1985 and 2004, fatal poisoning rates doubled.
Source: Centers for Disease Control and Prevention's National Center for Health Statistics
Twelve of the 26 most widely used pesticides in the U.S. are classified as carcinogens by the Environmental Protection Agency (EPA).
The U.S. Environmental Protection Agency (EPA) estimates that 1,800 new chemicals are registered annually and as many as 750 of those enter the market with minimal knowledge or testing with respect to potential effects to health and/or the environment.