Toxic Exposure Defenses
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What Are Toxic Exposure Lawsuits?
Toxic exposure lawsuits are legal claims involving injuries due to exposure to toxic substances. These cases are quite frequent when it comes to work-related injuries. They are often filed in relation to property and home living conditions. Some examples of toxic exposure lawsuits include cases where asbestos or toxic mold is an issue.
Toxic exposure lawsuits often end up with a monetary damages award being issued to the plaintiff. In some cases, other measure may be required, such as clearing the toxic conditions, or providing alternate work/living spaces.
What Are Some Toxic Exposure Defenses?
In some cases, a plaintiff may be prevented from recovering damages. This can happen if the defendant has certain defenses that apply to the claim. Some defenses to toxic exposure claims include:
- No causation - The plaintiff must be able to prove that the defendant’s actions caused their injuries. For example, no liability can be claimed for toxic substances that are released through natural causes in nature.
- Assumption of risk - It is often a defense it the plaintiff knew of the risks, yet continued with their own conduct near the toxic materials, or in handling the toxic materials.
- Filing deadline expired - Each state has different deadlines within which the plaintiff needs to file their claim. For instance, the plaintiff might need to file their claim within one year after they discover their injury. This may vary by state law.
- Previous injuries - If the injury is merely a recurrence of a previous condition or injury, it might not be an actionable claim. Again, the defendant needs to have directly caused the injury.
Various other defenses may be available, such as contributory negligence or intoxication. The availability of such defenses may depend on the facts in each case, as well as the laws and rules in that particular jurisdiction.
Do I Need a Lawyer for Help with Toxic Exposure Defenses?
Defending against toxic exposure claims can often involve some complex legal issues. You may need to hire a personal injury lawyer if you need help with a legal claim involving toxic exposure. Your attorney can provide you with legal advice on how to deal with such claims. Also, if you have any specific legal concerns or inquiry, your attorney can provide you with legal research for your questions.
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Last Modified: 08-29-2014 10:59 AM PDT
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