Toxic Tort Exposure and Toxic Tort Litigation in California

The right to a safe and healthy environment is a fundamental human right. Every individual deserves to live and work in an environment free from the threat of hazardous substances that can compromise well-being. However, the reality is that despite stringent regulations and safety protocols, exposure to toxic materials still poses significant risks, often leading to dire consequences for human health.

When we think about health and safety, we envision clean air, pure water, and uncontaminated surroundings that promote our physical and mental well-being. However, there are numerous hazards that, when encountered, can put health at severe risk. Hazardous substances, such as toxic chemicals and pollutants, can potentially infiltrate our living spaces, workplaces, and even the very products we consume. These substances can be encountered in various forms, including airborne particles, contaminated soil, or even through direct skin contact.

California, a state known for its robust environmental regulations and initiatives, has not been immune to the challenges of toxic substance exposure. From polluted air and contaminated water sources to chemical leaks and industrial mishaps, Californians have faced their fair share of health threats resulting from toxic materials. As a result, toxic tort litigation has played a crucial role in holding responsible parties accountable and providing compensation to those whose lives have been adversely affected.

In this post, we will examine what a toxic tort is, how toxic tort cases are resolved in California, and what you should do if you believe you’ve been exposed to chemicals or other hazardous substances.

What is Toxic Tort? 

A tort is a wrongful act that causes injury. Toxic torts are essentially civil claims that arise when individuals or communities suffer harm from exposure to harmful substances. These substances—ranging from chemicals, pollutants, and carcinogens to pathogens—can lead to a multitude of adverse health effects, often manifesting as respiratory disorders, neurological impairments, cancers, and other severe conditions. 

When it comes to toxic tort litigation, the goal is to legally make the individual (or company) liable for your losses and to collect monetary damages from them.

In California, where the interplay of industries, environmental factors, and human habitation is particularly dynamic, toxic tort litigation is uniquely significant in addressing health concerns borne from exposure.

Examples of Toxic Torts in California 

• Asbestos Exposure: One of the most well-known toxic substances is asbestos, which has been linked to serious health conditions such as mesothelioma, lung cancer, and asbestosis. California has seen numerous cases where individuals exposed to asbestos in workplaces, construction sites, or residential buildings have pursued legal action against negligent companies responsible for their exposure.
• Water Contamination: Cases involving water contamination are prevalent in California, given its complex water supply systems and concerns over pollutants. For instance, the Hinkley groundwater contamination case, which inspired the film Erin Brockovich, centered on chromium-6 contamination and its effects on residents’ health.
• Air Pollution and Industrial Emissions: With its high population density and various industries, California has faced significant air pollution issues. Cases have emerged where communities near industrial facilities or major transportation routes have filed toxic tort claims against companies for health problems caused by exposure to pollutants. An example includes the Dominguez Channel odor incident, where Carson residents were affected by a noxious, foul-smelling odor caused by hydrogen sulfide pollution. 
• Pesticide Exposure: California’s large agricultural sector has given rise to cases involving pesticide exposure. Farmworkers and nearby residents have initiated legal actions against companies responsible for pesticide application, claiming health issues resulting from exposure.
• Wildfire Smoke and Air Quality: California’s susceptibility to wildfires has given rise to concerns about air quality and the health effects of wildfire smoke exposure. In some cases, individuals have sought legal recourse, alleging that inadequate measures were taken to prevent or mitigate the health impacts of wildfire-related air pollution.
• Chemical Spills and Industrial Accidents: Accidental releases of hazardous chemicals or industrial accidents can lead to toxic exposures. Cases have arisen from incidents such as chemical spills, explosions, and leaks from industrial facilities. In the case of the Porter Ranch gas leak, the largest and longest natural gas leak in U.S. history, the Southern California Gas Company agreed to pay 1.8 billion dollars to resolve personal injury claims resulting from the leak. 

These examples highlight the breadth of toxic tort cases, each addressing unique circumstances of exposure and resulting health consequences. Toxic tort litigation serves as a mechanism for individuals and communities to seek justice, hold responsible parties accountable, and promote changes in behavior, regulation, and industry practices to prevent future harm.

Individual vs. Mass Action Toxic Tort Cases

In California, toxic tort litigation can take two primary forms: individual cases and mass action or class action cases. In individual cases, a single plaintiff sues a defendant or defendants for damages resulting from their direct exposure to a toxic substance. Mass action or class action cases, on the other hand, involve a group of plaintiffs who have suffered similar harm due to exposure to the same toxic substance. These cases allow for efficiency in legal proceedings, particularly when numerous individuals have been affected, streamlining the process of seeking justice.

The Legal Elements of Toxic Tort Litigation in California

In California, toxic tort claims operate within a framework of legal principles that aim to establish a clear link between exposure to hazardous substances and resulting harm. These cases can be complex and thus require the expertise of an experienced attorney.

The legal elements of a toxic tort case in California are as follows:

1. Exposure to a toxic substance. The plaintiff must prove that they were exposed to a toxic substance known to cause the type of injury they suffered. This can be done through medical evidence, witness testimony, or other means.
2. The defendant’s negligence or fault. The plaintiff must prove that the defendant was negligent or at fault in causing their exposure to the toxic substance. This can be done by showing that the defendant knew or should have known that the substance was dangerous and that they failed to take reasonable steps to prevent exposure.
3. Causation. The plaintiff must prove that their exposure to the toxic substance was a substantial factor in causing their injury. This means that the exposure was more likely than not to have caused the injury, even if there were other contributing factors.
4. Damages. The plaintiff must prove that they have suffered damages as a result of their injury. This can include medical expenses, lost wages, pain and suffering, and other losses.

In addition to these legal elements, there are also a number of procedural requirements that must be met in order to file a toxic tort lawsuit in California. These requirements include filing the lawsuit within the statute of limitations, serving the defendant with process, and complying with all other applicable rules of civil procedure.

If you believe you have been injured by exposure to a toxic substance, you must speak with an experienced toxic tort attorney to discuss your legal options. An attorney can help you understand the legal elements of a toxic tort case and can advise you on whether you have a viable claim.

Here are some additional things to remember about toxic tort claims in California:

• The statute of limitations for toxic tort cases in California is two years from the date of the injury. This means that you must file your lawsuit within two years of the date you were exposed to the toxic substance and suffered your injury.
• The burden of proof in a toxic tort case is on the plaintiff. This means the plaintiff must prove each element of their case by a preponderance of the evidence. This is a lower standard of proof than is required in criminal cases, where the defendant must be found guilty beyond a reasonable doubt.
• Toxic tort cases can be very expensive to litigate. This is because they often involve complex scientific and medical evidence. If you are considering filing a toxic tort lawsuit, it is important to make sure that you have the financial resources to pay for the cost of litigation.

If you have been injured by exposure to a toxic substance, it is important to seek legal advice as soon as possible. An experienced toxic tort attorney can help you understand your legal rights and options and can represent you in court if you decide to file a lawsuit.

Toxic Tort Litigation in California

California has a comprehensive legal framework for toxic tort claims. This framework includes relevant statutes, regulations, and case law.

Statutes

The most important statute governing toxic tort cases in California is the California Tort Claims Act (CTCA). The CTCA sets forth the conditions under which the state and its agencies may be held liable for tort claims. The CTCA also provides a number of defenses that the state and its agencies may raise in response to tort claims.

Other important statutes governing toxic tort claims in California include the following:

• The California Environmental Protection Act (CalEPA): CalEPA establishes the state’s environmental protection program and sets forth a number of regulations governing the use and disposal of hazardous substances.
• The Proposition 65 Warning Requirements: Proposition 65 requires businesses to warn consumers about exposure to hazardous substances.
• The California Consumer Product Safety Act (CCPSA): The CCPSA establishes the California Consumer Product Safety Commission and gives the commission the authority to regulate consumer products that pose a risk of injury.

Regulations

In addition to statutes, there are a number of regulations that govern toxic tort cases in California. These regulations are issued by CalEPA and other state agencies.

Some of the most important regulations governing toxic tort claims in California include:

• The Hazardous Waste Management Regulations: These regulations govern the generation, transportation, treatment, storage, and disposal of hazardous waste.
• The Occupational Safety and Health Standards: These standards establish safety requirements for workplaces where hazardous substances are used or stored.
• The Drinking Water Standards: These standards establish safe levels of exposure to hazardous substances in drinking water. 

Mass Action and Class Action Lawsuits in Toxic Tort Litigation

As mentioned earlier, toxic tort litigation can include individual cases and mass action or class action cases. Mass actions and class actions are two types of lawsuits that can be used to represent multiple victims with similar claims in toxic tort litigation.

Mass Action

A mass action is a type of lawsuit in which a single plaintiff represents a group of people who have been injured by the same defendant. The plaintiff in a mass action is called the “representative plaintiff.” The representative plaintiff is responsible for filing the lawsuit, managing the litigation, and representing the interests of the entire group of plaintiffs.

Mass actions are typically used in toxic tort cases where there are a large number of plaintiffs with similar claims. Mass actions can be an efficient way to resolve these types of cases, as they allow the claims of multiple plaintiffs to be heard together.

Class Action

A class action is a type of lawsuit in which one or more plaintiffs sue on behalf of a larger group of people whom the same defendant has injured. The plaintiffs in a class action are called the “class members.” The class members do not need to be involved in the litigation, as the named plaintiffs represent their interests.

Class actions are typically used in toxic tort cases where there are many plaintiffs with similar claims. Class actions can be an efficient way to resolve these types of cases, as they allow the claims of multiple plaintiffs to be heard together.

Benefits of Mass Actions and Class Actions

There are a number of benefits to pursuing mass actions or class actions in toxic tort litigation. These benefits include:

• Efficiency: Mass actions and class actions can be an efficient way to resolve toxic tort cases, as they allow the claims of multiple plaintiffs to be heard together.
• Strength in numbers: Mass actions and class actions can give plaintiffs more strength in negotiating settlements or going to trial.
• Reduced cost: Mass actions and class actions can reduce the cost of litigation for plaintiffs, as they can share the cost of legal fees and other expenses.

When to Pursue Mass Actions or Class Actions

Mass actions and class actions are not always the best option for plaintiffs in toxic tort claims. There are a number of factors to consider when deciding whether to pursue a mass action or class action, including

• The number of plaintiffs: Mass actions and class actions are typically only feasible when there are a large number of plaintiffs with similar claims.
• The similarity of the claims: The claims of the plaintiffs must be similar enough in order for them to be certified as a class.
• The complexity of the case: Mass actions and class actions can be complex and expensive to litigate.
• The likelihood of success: Plaintiffs must have a reasonable likelihood of success in order to justify pursuing a mass action or class action.

Who Can Be Held Responsible in Toxic Exposure Cases? 

In the state of California, a number of people and entities can be held responsible in toxic tort cases. These include but are not limited to the following:

• Manufacturers and distributors of toxic substances: Manufacturers and distributors of toxic substances can be held liable for injuries caused by their products, even if they were unaware of the dangers of the substances.
• Owners of property where toxic substances were stored or disposed of: Owners of property where toxic substances were stored or disposed of can be held liable for injuries caused by exposure to those substances, even if they were not aware of the dangers of the substances.
• Employers who exposed employees to toxic substances: Employers who exposed employees to toxic substances can be held liable for injuries caused by that exposure, even if they were unaware of the dangers of the substances
• Government agencies that failed to properly regulate toxic substances: Government agencies that failed to properly regulate toxic substances can be held liable for injuries caused by exposure to those substances.

In addition to these specific categories of defendants, other people or entities may also be held liable in toxic tort cases depending on the specific facts of the case. 

For example, a landlord who knew or should have known that their property was contaminated with toxic substances, such as lead paint or asbestos, could be held liable for injuries caused to tenants who were exposed to those substances.

Legal Theories for Recovery in Toxic Tort Cases in California

The type of legal theory pursued in a toxic tort case will depend upon the many potential factors involved in the toxic exposure case and whether or not there were any specific legal statutes permitting a cause of action. 

Here are some key legal theories that can potentially be used in any case: 

• Negligence: A plaintiff can recover for injuries caused by exposure to a toxic substance if the defendant was negligent in handling or disposing of the substance. Negligence can be established by showing that the defendant owed a duty of care to the plaintiff, that the defendant breached that duty, that the plaintiff was injured as a result of the breach, and that the defendant’s negligence caused the plaintiff’s damages.
• Strict liability: A plaintiff can recover for injuries caused by exposure to a toxic substance even if the defendant was not negligent. Strict liability is imposed on certain types of activities, such as the manufacture or distribution of defective products. Strict liability can be established by showing that the defendant engaged in an activity that is inherently dangerous, that the defendant’s conduct caused the plaintiff’s injury, and that the defendant’s conduct caused the plaintiff’s damages.
• Breach of warranty: A plaintiff can recover for injuries caused by exposure to a toxic substance if the defendant breached a warranty that the product was safe. Breach of warranty can be established by showing that the defendant made a promise about the safety of the product, that the plaintiff relied on that promise, that the product was not as safe as promised, and that the product’s defect caused the plaintiff’s injury.
• Fraud: A plaintiff can recover for injuries caused by exposure to a toxic substance if the defendant intentionally misled the plaintiff about the dangers of the product. Fraud can be established by showing that the defendant made a false statement of material fact, that the defendant knew the statement was false, that the plaintiff relied on the statement, and that the defendant’s fraud caused the plaintiff’s injury.
• Remedies: In a toxic tort case, a plaintiff may be able to recover a variety of damages, including:
• Economic damages: These damages include medical expenses, lost wages, and other out-of-pocket expenses.
• Non-economic damages: These damages include pain and suffering, emotional distress, and loss of consortium.
• Punitive damages: These damages are awarded to punish the defendant for their misconduct and to deter future misconduct.

Learn More About Toxic Tort Litigation in California Today 

If you or your loved one have been injured by exposure to a toxic substance, it is important to seek legal advice as soon as possible. The attorneys at Kiesel Law LLP have extensive experience handling toxic tort cases and can help you understand your legal rights and options. 

Kiesel Law LLP is a California law firm specializing in toxic tort litigation, personal injury, and class action cases. We have a proven track record of success in helping victims of toxic torts recover the compensation they deserve.

Contact us today to schedule your free consultation. We will be happy to answer any questions you have and discuss your legal options.