Houston Toxic Tort Attorneys
Representing Houston Individuals Harmed by Toxic Substances
Some substances, including certain chemicals, pharmaceutical drugs, pesticides, and toxins, are inherently dangerous. Organizations that handle these substances in their workplace facilities or include them in their products have a legal obligation to prevent unintended, dangerous exposure to others. If you suffer harm due to your being exposed to a toxic substance, you may have a legal case against the party responsible for the exposure.
At Potts Law Firm, we are committed to helping you get the recovery you deserve for your injuries. We want to help secure the financial resources you need to move forward with your life, and it’s all about our power and results: We have recovered over $1 billion for our clients and represented thousands of people in these matters. Our Houston toxic tort lawyers will make every effort to secure the best possible result, no matter the complexity of your case.
You pay no attorney’s fees unless we win, so call (713) 348-9638 or contact us online to speak to one of our legal professionals today. Same-day appointments are available, and our firm offers services in English and Spanish.
What is a Toxic Tort?
A toxic tort is a legal claim filed by a person who suffered injuries due to exposure to a toxic substance against the party whose negligence caused the exposure. A person can be potentially exposed to harmful substances in a variety of environments, though most claims arise from exposures in a workplace or in a home located nearby a facility where these substances are present.
The injury-causing exposure may be caused by a single incident, such as an explosion or massive leak. Harm can also be caused by long-term exposure if a toxic substance is routinely released into the air, into a building, or into a nearby water supply.
Toxic torts claims are often the result of:
- Occupational exposure. Workers in facilities that handle toxic substances may be exposed to those substances on a daily basis. Though safety protocols may be in place to reduce the likelihood and impact of dangerous exposure, sustained contact over many years or a single workplace accident can lead to dire outcomes.
- Exposure in the home. When a home is located near a facility that frequently handles toxic substances, the close proximity can create situations where occupants will become exposed over time, especially if the facility allows the substances to escape into the air or adjacent water supply. A catastrophic event like an explosion or chemical spill can also generate immediate consequences for nearby homes.
- Defective products. If a product contains a toxic substance that the manufacturer does not adequately warn consumers about, a consumer may be able to pursue a toxic tort claim if the dangerous product causes injury.
- Pharmaceutical drugs. A toxic tort claim may also be a remedy for consumers who ingest pharmaceutical drugs that cause unadvertised and unintended adverse side effects, particularly if the manufacturer misled consumers about the possibility or likelihood of these side effects.
Harmed by what appears to be an exposure to toxic substances but not sure whether you have a claim? Our Houston toxic tort attorneys can listen to your story, determine whether you have a strong case, and walk you through your legal options.
Common Injuries Caused by Exposure to Toxic Substances
The inhalation and ingestion of toxic substances, including harmful vapors in the air and contaminants in water, can produce short- and long-term adverse health consequences. The types of injuries someone may sustain will usually depend on the type of toxic substance and the extent of the exposure.
Common diseases caused by exposure to toxic substances include:
- Birth injuries
- Cognitive impairments
- Heart problems
- Hodgkin’s disease
- Kidney issues
- Liver problems
- Lung cancer
- Nervous system disorders
- Respiratory diseases
- Skin disorders
- Stomach conditions
Do not suffer in silence. Potts Law Firm can help you get justice, including compensation for your injuries. Call (713) 348-9638 or contact us online to get started.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
How Toxic Tort Claims Work in Texas
Many, but not all, toxic tort claims hinge on proving negligence. To establish negligence and recover damages from the person or organization responsible for the toxic exposure, you must show that the defendant owed you a duty of care, that the duty of care was breached, and that the breach caused your injuries. If you live near a facility that handles toxic substances, you can probably successfully argue that the facility owed a duty of care to its neighbors, which means they must undertake reasonable efforts to avoid exposing them to dangerous chemicals. A facility might breach that duty of care if their carelessness resulted in a leak that resulted in nearby homes, including yours, being exposed to a dangerous chemical. Once a breach has been established, you must demonstrate that the breach directly caused you harm. If you suffered serious health consequences after a leak, for example, you would need to show those health consequences were specifically the result of the leak and not caused by something else.
You can also file a toxic tort claim based on intentional misrepresentation or fraud. This may be the appropriate strategy if there is evidence the defendant knew a toxic substance was dangerous (or that exposure to it was possible or already happening) but lied to or misled you about the danger or risk.
If you were injured because of exposure to a toxic substance in your workplace, you will most likely have to file a workers’ compensation claim instead of a lawsuit against your employer. A workers’ compensation claim can compensate you for medical expenses and a portion of lost wages if you are temporarily or permanently unable to work. You do not have to prove negligence to get workers’ compensation benefits. You may be simultaneously able to file a third-party lawsuit if someone other than your employer was responsible for the toxic exposure.