Toxic Tort Class Actions Laws & Procedures

A toxic tort may occur when someone is harmed by exposure to a dangerous substance, such as a chemical, pesticide, or pharmaceutical. In some instances, the substance leaks or is mishandled in a way that causes air, soil, or groundwater contamination. When multiple people suffer similar injuries from the same source, they sometimes bring their claims as a class action, which groups the claimants together in a single case.

Class Actions and Their Challenges

A class action is a legal mechanism that allows many individuals, known as class members, to consolidate their similar claims against one or more defendants into a unified lawsuit. This process can lower legal costs and streamline proceedings, especially when a large number of people experience the same kind of harm. Getting a class certified usually involves showing that the plaintiffs’ claims share common legal or factual questions, and these common issues predominate over any individual concerns.

Since toxic tort claims often involve highly individualized exposure and causation determinations, courts frequently deny class certification on the grounds that too many variations exist. A common alternative in these situations is multi-district litigation (MDL), where similar federal actions are transferred to one court for consolidated pre-trial proceedings.

Proving a Toxic Tort Claim

Plaintiffs in a toxic tort case generally must prove that a dangerous substance existed, they were exposed to it, the defendant was at fault for their exposure, and the exposure caused their injuries. Proving causation can be challenging in toxic tort cases because many illnesses do not appear immediately. The presence of multiple toxins or exposure points can further complicate the picture. Expert reports, medical records, and scientific studies can play a key role in overcoming these hurdles.

Toxic tort claims can raise several theories of fault, including negligence, strict liability, and fraud. Negligence focuses on whether the defendant breached a duty by failing to act with reasonable care. Strict liability often applies when a product is defective or an activity is inherently dangerous, making the defendant liable regardless of how much care they used. Fraud arises when a defendant misrepresents or conceals the dangers of a product or substance, and someone else relies on that misinformation or incomplete information.

Defenses in Toxic Tort Cases

Defendants in toxic tort cases may argue that the plaintiffs have not shown that the substance actually caused their injuries. They may suggest alternative causes or question the reliability of scientific evidence. Defendants may also claim that the statute of limitations has expired, arguing that the plaintiffs filed suit too late once they discovered (or should have discovered) their injuries. Sometimes a defense may involve federal preemption, contending that federal law regulating certain chemicals or pharmaceuticals bars or limits liability under state law.

Additionally, defendants often highlight the plaintiffs’ own behavior, asserting contributory negligence or assumption of risk if the plaintiffs disregarded safety warnings or knowingly exposed themselves to the hazard. Defendants also may point to compliance with all relevant regulations or industry standards to suggest they exercised due care and should not be liable.

Damages for Toxic Torts

Compensation often includes reimbursement for medical expenses and lost income. Pain and suffering, emotional distress, reduced enjoyment of life, and other non-economic harms may also be addressed. In some class actions, the court may review evidence of each individual’s exposure and injuries before distributing any award. Other cases may result in settlement agreements that establish a fund with a pool of money to compensate all eligible claimants. A court-approved administrator or special master oversees the distribution plan, ensuring that each person’s claim is evaluated according to agreed-upon criteria, such as the severity of injury, length of exposure, or medical costs.

Last reviewed March 2025