Defense Strategies
That Protect You

What can you do if you face a toxic tort challenge?

On Behalf of | Apr 14, 2023 | Toxic Tort Defense

Chemical exposure can lead to health issues, which is one of the elements in your business that you need to prepare yourself against. While you may remain diligent in implementing safety measures and protections for your workers, it may not prove sufficient enough to keep everyone from becoming exposed.

Toxic tort litigation is a complex and difficult case, but not impossible to defend against. Familiarize yourself with some of the more common strategies that may come into play when mounting a reasonable defense.

Pretrial document preparation

There are several benchmarks in a case that happen before the case goes to trial, and several of these require your participation. The plaintiff will ask for company records as part of the discovery period. The more organized your business records and filing system, the smoother this production should take. Your attorney will want to review any documents in case there is sensitive information that the plaintiff should not have access to.

Possible defenses to toxic tort litigation

The burden of proof lies with the plaintiff, and during the pretrial document exchanges and court filings, you will get a good idea about what that is so you can start mounting a defense. While the specifics of your case will determine how you proceed, there are, nonetheless, some common defenses that may come into play.

  • Prove the plaintiff played a part in the exposure and injury
  • Calculate the timeline to ensure the case is timely and not outside the statute of limitations
  • Demonstrate additional or alternate exposure instances

The plaintiff needs to make your negligence front and center in a toxic tort litigation case. Reviewing the facts and preparing yourself may uncover a viable defense element.