A class action lawsuit typically involves many individuals who seek damages for the same or a similar legal issue.
One or a few of these plaintiffs represent the whole group, so everyone can receive justice without having to go to court individually. When multiple individuals receive toxic exposure, a class action lawsuit is the typical course of action.
Toxic exposure
The EPA regulates toxins through the Toxic Substance Control Act. Toxic chemicals include mold, asbestos, lead paint, some medications and illegal drugs. Your employer likely uses several chemicals in the workplace that you may come into contact with. In addition, environmental contaminants in the groundwater, soil or air that companies or communities release may contain harmful chemicals.
If you experienced medical or other harm from these dangers, you could pursue a personal injury lawsuit. However, if you are not the only one injured, you will likely become part of a class action lawsuit.
Proving toxic torts
In most cases, you need to at least prove negligence. Therefore, you need to prove that the defendant had some legal requirement to protect you, e.g., a duty to not dump chemicals. Then, you need to prove that this entity failed to protect you. The courts consider how a reasonable person would act in the same situation. You also need to prove that you experienced some injury or harm due to the breach, such as a personal injury or property devaluation due to toxic poisoning of your land.
The plaintiff in toxic exposure cases could be the entity that exposed you to the toxin or the company that made it, e.g., the manufacturer of asbestos is responsible for damages in these exposure cases, not the individuals who own buildings with asbestos in them.
