Litigating toxic tort cases is complex. These cases involve allegations of illness or other harm caused by exposure to a toxic substance, such as lead, asbestos, mold, talc, carbon monoxide or benzene.
If you are facing a lawsuit, there are specific strategies that your legal team will use to defend your case. There are also things you can do to prepare for trial.
Potential defense strategies
It is the plaintiff’s job to prove that the toxic substance posed a threat, the plaintiff faced exposure to this substance and some type of harm occurred as a result. Depending on the specific situation, there may be potential defense strategies outlined:
- Arguing statute of limitations
- Showing that the plaintiff’s negligence contributed to the injuries
- Arguing assumption of risk
- Pointing out alternative exposure sites
Tips to prepare for litigation
The Bellevue Gazette outlines things you, as the business owner, can do to prepare for trial. Both sides will request documents and records. Preserving and gathering evidence is an important first step. These may be in paper format or saved electronically. One key thing to keep in mind is not to destroy or create evidence.
All communications with the other side should be between your legal team and theirs. Refrain from contacting the plaintiff via written or verbal communication, unless instructed to do so by your attorneys.
Preparing for litigation takes time and energy. It is stressful, but it is important that you not let it interfere with the daily operations of the company. Business should continue as usual, including being on time, meeting deadlines, dealing with customer inquiries and collaborating with team members.