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A tort is a wrongful act or a violation of someone’s right, which leads to legal liability. Legal liability means the victim (plaintiff) of a wrongful act can hold the person or entity that committed the act (defendant) responsible by suing for financial compensation and damages. For a tort to exist, the wrongful act must have been either negligent (irresponsible) or deliberately harmful, which means true accidents, even if they result in injury to someone, are not torts. To be held legally responsible, the person committing the tort may not have known that their behavior would cause injury, but they understood that it created a dangerous situation that could cause injury. Many irresponsible behaviors are considered torts and there are numerous categories of torts, such as toxic.
Toxic tort specifically applies to injury that is caused by contact with a chemical or poisonous substance, such as a defective drug, asbestos, lead paint or toxic mold. Victims are subjected to the toxin unknowingly, because they are not aware that what they are being exposed to will hurt them or they are not aware that the toxin exists at all. For example, a family may live near a factory that is dumping toxic waste in the water system and contaminating the family’s drinking water. Or a pregnant woman may take a drug to help alleviate an illness or disorder, not realizing that it is harmful to the development of her unborn child. In both of these toxic tort cases, companies made choices that created dangerous situations and victims were harmed because of those decisions.
The law firm of Oshman & Mirisola, LLP has extensive experience successfully representing victims of a variety of toxic tort injuries. The success of a toxic tort case relies on in-depth investigation into all the circumstances surrounding the incident or claim. This research is highly scientific and often must be analyzed by medical and scientific experts. This process can only be conducted by a firm with financial resources as well as access to experts who can review and offer direction on the case, as well as testify on the plaintiff’s behalf. A detailed and complete investigation can only be conducted by a law firm with substantial experience, resources and connections. The toxic tort area of the law is demanding, and choosing the right attorney will help you get the most compensation from your case.
It can be intimidating to file a claim against a big company that has a team of lawyers, but you are not alone. With the law firm of Oshman & Mirisola representing you, you are guaranteed a well-researched case and an attorney who is experienced with toxic tort law and who will strongly advocate for your rights. Whether you are filing your claim individually or with a group of similarly injured people (class action) the expert lawyers of Oshman & Mirisola are dedicated to obtaining the best possible outcome for you. They are true masters of toxic tort law.
Toxic tort claims can result from a variety of situations created by dangerous or poisonous substances. Occupational dangers, defective pharmaceutical drugs and environmental toxins are some of the most common toxic tort categories. You may still have a case if your injury was caused by a toxic situation not listed below. Contact the law offices of Oshman & Mirisola today to discuss the circumstances of your case.
Commonly, toxic tort cases stem from occupational hazards such as exposure to poisonous chemicals or compounds, the extended use of welding rods, and other dangerous situations found in the workplace. Employers are expected to maintain a standard of safety and provide proper safety equipment in the workplace or on a worksite. Many of these standards are set and regulated by The Occupational Safety and Health Administration (OSHA). When employers fail to provide the tools and procedures that will keep employees safe from toxic substances or processes, they are breaking the law and risking serious harm or death to their employees. Employees who have been seriously injured or families of workers who have died deserve compensation, and a toxic tort claim must be filed to pursue this. The attorneys at Oshman & Mirisola will help file that claim and will fiercely advocate for victims of dangerous occupational situations.
Injuries caused by defective drugs are also common sources of toxic tort cases. Pharmaceutical corporations are required to do extensive research when designing and manufacturing a drug. Additionally, drug companies are expected to continue to conduct research, as well as watch for trends among people taking the drug. Doing after-market studies on the drug’s users is the only way to find out if a drug causes certain problems, such as birth defects. If it does, the drug is clearly defective. As soon as these side effects are discovered, the drug company should immediately notify doctors, the FDA and all people taking the drug.
Unfortunately, this does not always happen. Sometimes the opposite occurs, and a pharmaceutical company will actually hide research that indicates the negative side effects of the drug. This behavior is illegal, and it can have devastating effects on people taking the drug in the form of birth defects, long-term damage to the heart, brain or other necessary organs, and, at worst, death. Pharmaceutical companies that engage in these tactics abuse the trust of their consumers just to bring in more profit. This behavior is unacceptable. The law firm of Oshman & Mirisola, LLP is dedicated to obtaining compensation for innocent people and families who have been hurt by the terrible acts of pharmaceutical corporations.
There are many ways that toxic chemicals, substances or fumes are released into the environment every day. Sometimes people or companies use defective processes or equipment that discharges poisonous materials at such toxic amounts that people are seriously harmed. This can happen in many ways such as through toxic fumes or contaminated water. This pollution can cause life-threatening illnesses to those exposed to it. By law, there should be preventative measures in place to protect nearby communities, but this is not always the case. Oshman & Mirisola are committed to holding these irresponsible companies liable for their harmful actions. When a person or family has been harmed by this irresponsible behavior, they need to hire an aggressive attorney who will make sure they are compensated for the physical, emotional and financial losses associated with toxic exposure.
Mass Toxic Torts
Often toxic torts are also mass torts, because the very nature of a toxic tort creates situations in which many people may be harmed in the same way. When an act by a person or entity results in the harm of many people it is called a mass tort. These regularly occur when pharmaceutical companies manufacture and sell defective drugs that harm many of the people who need to take them. In these instances, the company may not have known the drug was dangerous, but by not doing extensive and continuous research, it could not ensure the safety of the drug and is, thus, responsible for all the injuries it causes.
If you believe you or your loved one has been harmed by a toxic substance, you should contact the expert toxic tort lawyers of Oshman & Mirisola today. Our experienced team will give you a free no-obligation consultation during which we can discuss your legal rights and options and help you determine the best direction for your case.
For more information on specific toxic torts view the list below: