Pompano Beach, FL asked in Products Liability and Wrongful Death for Florida

Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

1 Lawyer Answer
Michael P Mayoral
Michael P Mayoral
PREMIUM
Answered
  • Products Liability Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and potentially other parties.

In terms of pursuing it, you need to get in contact with an attorney with experience in toxic torts. This isn't a case for a regular personal injury attorney. Proving what is called "causation" in these cases is a complicated process involving building teams of experts, typically epidemiologists, medical doctors, oncologists, and industrial hygienists. The attorney will investigate to see what type of cancers are emerging among the workers, what types of chemicals are being used, and what type of experts are needed to prove that specific case. These lawsuits are subject to something called the statute of limitations, which means that you have a limited amount of time to bring the case after diagnosis, generally speaking. You should consult someone soon.

I wish you and everybody at the plant the absolute best of luck in this.

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