Toxic torts are a specialized area of law involving exposure to hazardous substances resulting in injuries or death. Georgia’s long-standing agricultural sector and rapidly increasing industrialization means Georgians are at a growing risk of exposure to toxic chemicals and the harms that they can cause. In some cases, a person injured by a toxic substance may pursue a claim against the manufacturer of the substance, while in others, the ultimate user of the chemical may face liability. Sometimes both the manufacturer and commercial user may be liable for causing injury to innocent people who are hurt.

Common Chemicals and Substances Used in Georgia

One early type of case involving toxic torts arose from the use of asbestos, a naturally occurring mineral. Although asbestos has high strength and heat resistance, making it useful for various industrial applications, it is also known to cause a severe and usually fatal form of cancer, mesothelioma, as well as other cancers and health effects. Its hazards were known early on by industry, but it continued in widespread use for decades, and claims involving asbestos exposure continue to this day. More recently, asbestos has been found to be contained in talc, leading to additional exposures to those using what was marketed as a safe consumer product.

In the agricultural and landscaping field, pesticides, including both herbicides and insecticides, are in widespread use and are sold for both personal and commercial use. Unfortunately, numerous pesticides are known to have adverse health effects, which sometimes may not appear until years after usage, making the linking of the chemical to the harm difficult. Some pesticides have been found to cause cancer, and they have also been implicated in neurological, reproductive, and respiratory injuries, among others.

Other chemicals have almost exclusively industrial uses. For example, ethylene oxide is a gas that is used to sterilize medical equipment and is used at a number of facilities in Georgia. Ethylene oxide has been tied to a number of adverse health effects, including cancers, which the United States EPA has determined is a human carcinogen and can harm those who live and work near sterilization facilities.

Recently, regulatory action has sought to reduce these facilities’ emissions of ethylene oxide, but for decades there was little or no control over use of the substance, and it was often release directly into the air in communities where sterilization facilities were located. Because research shows that long-term exposure to ethylene oxide can be a contributing cause of cancers, exposures in past decades may only now result in adverse health effects.

These are only a few examples of the types of toxic substances that might give rise to a toxic tort claim. Thousands of other chemicals, some of which have unknown health effects, are used daily in homes, offices, and factories around the state, and new research continues to reveal the harmful effect of some of them.

Challenges in Litigating Toxic Torts

Toxic tort litigation is a highly complex area of law, and involves numerous scientific and legal challenges. Plaintiffs must prove causation, linking the exposure to the substance with their specific injuries—a process often complicated by the long latency period (the time between exposure and injury) involved in some chemicals. This often requires extensive expert testimony and detailed epidemiological data.

Determining the statute of limitation, or the time in which a claim must be filed, can also be complex due to the potentially long period between exposure and harm. Generally, Georgia has a two year statute of limitation for personal injury claims (subject to numerous exceptions and qualifications for various scenarios), which normally begins at the time of injury (often, but not always, upon diagnosis with a condition believed to have been caused by the chemical). But the period may not begin to start, in some cases, where the cause is unknown; determination of when the statute of limitation begins to run may involve consideration of many factual issues underlying the case.

Regardless, it is important for those interested in pursuing a case to do so at their earliest opportunity upon learning of the potential relationship between their condition and exposure to avoid their claims being dismissed on statute of limitation grounds.

Key Considerations for Potential Plaintiffs

Those who believe they may have a toxic tort claim should consider several factors. Documentation of exposure, medical records linking the exposure to specific health issues, and a history of the contaminant’s use and regulatory status can all be highly relevant and critical to proving a case. Unlike some other areas of law, like car wreck cases where the basic framework governing them is well established, toxic tort cases often involve novel medical and scientific evidence as well as legal theories that have never been argued before. Given the complexities involved, consulting with an attorney experienced in toxic torts is advisable to navigate these issues effectively.

Conclusion

Toxic tort litigation serves an important role in holding corporations and other entities responsible for harmful exposures and ensuring that victims of exposure to dangerous chemicals receive appropriate compensation. The complexity of these cases under Georgia law highlights the importance of experienced legal representation to effectively address the scientific and legal challenges presented by these claims. Whether you are dealing with the aftermath of exposure to a toxic substance or are a community facing environmental contamination, a knowledgeable attorney can provide the guidance and representation needed to protect your rights and interests.