Ronald David Ashby & Associates, P.C. 210 West Baltimore Avenue Media, PA 19063-3701 610.565.2200
Ronald David Ashby & Associates, P.C.210 West Baltimore Avenue  Media, PA

Toxic Tort

Toxic Tort law is an ever changing law as the environment and the occupational exposures continue to increase. The chemical composition of the toxins as used in the environment and in occupational exposure matters is ever changing based only on the manufacture creativity. A look at the numerous toxic torts, not completely to simply indicate what they are, would be asbestos. This again would be an issue where the two year statute may not apply until notice was actually received because of the type of injury this is. Additionally there is lead paint poisoning which is generally something that is incurred in children and only in houses, again, generally painted prior to 1978. Again this is an area that may take some time for the injury actually to appear, it is not something that will always have an indication within the two years from the date the child injested the lead paint. Another area in toxic tort would be latex gloves, mainly it would be more of an allergic issue that they are a harmful issue. There is also solvent and environmental and occupational exposures. These last three items are very difficult to categorize given they are at the mercy of manufacturers, both industrial and consumer, in regards to products being made for the work place and the home. Manufacturers are always attempting to make products that are non toxic, non environmentally hazardous, non work place hazardous and obviously non consumer hazardous. Although it appears on paper or may appear in its making that these products may fit in that category, when in actual use the opposite may occur. The burden in this matter will be the same. The Statute of Limitation may vary based on the type of disease or injury received.

Toxic tort law is an area of the law that is always evolving. When certain substances have been identified as hazardous, those substances are no long made but some substance must be created generally speaking to replace the hazardous substance. It is only when that second substance is placed into the environment either by work place or on the consumer side that it is actually determined whether it is better for or worse than the original substance. If it is worse then, obviously a new substance will be created. So what is hazardous today may not exist tomorrow but that is not to say that what is created today will not be hazardous tomorrow. It is important therefore if there appears to be some illness, sickness, injury or unusual behavior on behalf of children and/or adults the matter should be looked at immediately given the toxicity of products in the present environment and which may continue in the environment for some years to come.