“Toxic tort” is a phrase referring to sickness, illness, and disease caused by the presence of chemicals, compounds and substances that can cause a person to become ill. These can include glues, paints, molds, sprays, carbon monoxide, asbestos, adhesives, solvents and a wide variety of other hazardous substances. At times, people can be exposed to multiple sources of these types of harmful substances, and many times without knowledge of the exposure until significant symptoms develop. Real harms can result to otherwise productive, healthy and happy people, who then get blamed as someone being at fault. A typical defense in almost every case is the phrase “prove it” because somebody did something wrong, but nobody was there at the precise moment to photograph it, take samples, take measurements or otherwise show precisely what happened with what compounds, and in what amounts. The law does not require such impossible legal standards for a reason, and cases can be shown by an evaluation of what was happening, what complaints were being made and symptoms shown, and what unsafe substances were being used without adequate safety precautions in place.
In many states, Workers’ Compensation laws provide a so-called “exclusive remedy” for workplace exposures. However, the individual may be able to bring a legal claim against someone other than his or her employer for toxic exposure in the workplace. RingsmuthWuori has handled many cases of toxic exposure, mold exposure, and carbon monoxide poisoning in many types of circumstances, and in many jurisdictions throughout Michigan. As with Fire and Explosion Cases, evidence and scene preservation in Toxic Tort Cases is important, and a knowledgeable and experienced attorney in these areas is important to protect your legal rights in determining what happened, and why.
A worker was exposed to the toxic chemical benzene when piping in the workplace leaked. As a result, he developed leukemia and passed away.
* These toxic exposure and mold litigation cases are chosen from many more, to illustrate some of the variety of the issues we have dealt with.
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Ringsmuth Wuori PLLC is a member of the National law firm Advocates United and handles Michigan-based AU cases