Toxic Tort

Aptly named, a toxic tort is defined as a personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. A victim of a toxic tort can sue for medical expenses, lost wages and pain and suffering. Typical examples of a toxic tort case include the exposure to toxic chemicals from pharmaceuticals, consumer products, the environment, in the home and at work. Shook, Hardy & Bacon (SHB) L.L.P. has enjoyed considerable success in the toxic tort arena, stemming from decades of trial experience and an in-depth knowledge of the scientific issues surrounding contaminant fate and transport in air, soil and groundwater.

As plaintiff claims have become increasingly creative and aggressive, so has our SHB Toxic Tort Practice. We stay abreast of the latest cases, and we always learn from their complexity. We look beyond immediate regulatory issues to assist clients with the toxic tort implications of a particular site, developing risk-based cleanup standards and addressing contamination allegations. We have defended class actions and individual cases based on a plethora of common law theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance, and damage claims such as “fear of cancer” and medical monitoring. With access to the firm's veteran litigators and support services, SHB toxic tort lawyers stay on the leading edge of delivering comprehensive solutions that satisfy diverse business interests.

Sudden accidents, such as fires, train derailments and pipeline ruptures, also fall within the realm of toxic tort. Such SHB cases have involved Superfund and National Priority List (NPL) sites; challenges to governmental actions under the Clean Water Act, the Oil Pollution Act, the National Environmental Policy Act, and safe drinking water standards; mass torts arising from catastrophic events and the transportation of hazardous materials; and CERLCA contribution litigation and arbitration. The SHB toxic tort team also works closely with the employment litigation and public policy practices to develop and implement sophisticated defense strategies, civil justice reforms and liability prevention measures.

The potential for toxic tort cases is unlimited, which is why we’re pleased to work closely with our full-service environmental law section. We rely on the knowledge, expertise and innovation of our attorneys to enable us to continue to be a global leader. Contact us today to learn more about SHB.