New Orleans Toxic Tort Attorney
Toxic Tort Litigation Representation in New Orleans
As you go about your day, you fairly do not expect to be exposed to dangerous chemicals or substances. You assume commercial products will be safe to use and consume, the air is safe to breathe, and your water safe to drink. Unfortunately, some chemicals and substances contain inherently dangerous toxins, and exposure or consumption can lead to serious illness or injury.
If you were exposed to a dangerous toxin and consequently suffered harm, you may be able to bring a legal claim against one or more responsible parties. You deserve justice, and our firm is ready to serve as your fierce advocate in and out of the courtroom.
At Andry Law, LLC, we are committed to helping injured individuals recover compensation for all applicable losses, including medical bills and lost wages. Our New Orleans toxic tort lawyer will thoroughly review your legal options and aggressively fight for you throughout our handling of your case. We have over 30 years of experience and understand what it takes to win in the Big Easy.
Call (504) 384-8997 or contact us online if you believe you suffered injuries as a direct result of exposure to a dangerous toxin.
What Is a Toxic Tort?
A toxic tort occurs when exposure to a toxin leads to one or more people experiencing some form of harm. The injured party can then bring a toxic tort claim against the parties responsible for the exposure.
Depending on the circumstances, the parties responsible for a toxin exposure may include:
- The distributor of the toxin
- The manufacturer of the toxin
- The distributor of the equipment that facilitated the toxin exposure
- The manufacturer of the equipment that facilitated the toxin exposure
- The manufacturer of equipment that was intended to but failed to stop toxin exposure
- The company that stored the toxin
- The owner or lessor of the property where the exposure occurred
Toxic torts tend to involve:
- Consumer Products. Someone may have a claim if a commercially sold product contains a dangerous toxin that triggers adverse health consequences. For example, a food product might contain a chemical that turns out to frequently cause a serious illness when consumed.
- Pharmaceuticals. Pharmaceutical drugs must go through strict testing and approval procedures before they can be sold to the public, who must be warned about any known possible side effects. Should a pharmaceutical drug produce unintended side effects that were not covered by the product’s warnings, the injured party may have a toxic tort claim.
- Occupational Exposure. Workers may be exposed to dangerous toxins over time at their worksite.
- Home Exposure. You are not always safe in your own home, especially if a leak or spill has contaminated the air you breathe or your residence’s water supply.
To successfully bring a toxic tort claim, the plaintiff(s) must successfully prove that:
- The substance was dangerous
- The plaintiff was exposed to the dangerous substance
- The exposure led to harm, such as injury or illness
To recover compensation, the plaintiff must also establish liability. Your unique circumstances will determine how our New Orleans toxic tort attorney will approach your case. Under product liability law, a product’s designer, manufacturer, and/or distributor may be liable if the exposure was the result of a defect, an unreasonably dangerous element, or a lack of sufficient warnings. You may also have a negligence claim, if the party responsible for the exposure owed you a duty of care and recklessly violated that duty. You may also have a claim for gross negligence if there is evidence that the defendant knew a substance was dangerous but misrepresented the level of danger.
What Can I Recover from a Toxic Tort Claim?
You may be able to obtain compensation from multiple parties, but you do not have an unlimited amount of time to bring toxic tort claims. In Louisiana, you only have one year from the date of your injury to file a lawsuit. However, the discovery rule may apply in these cases, as injuries and illnesses may take years to develop after the initial exposure. This means you will often have one year from the date you discovered harm related to a toxin exposure (or one year after the date you reasonably should have discovered harm).
Our New Orleans toxic tort lawyer will work to secure compensation for all losses related to the exposure, including:
- Medical Expenses
- Lost Wages
- Reductions in Earning Capacity
- Mental Anguish
- Pain and Suffering
- Loss of Enjoyment of Life
At Andry Law, LLC, we believe in holding parties accountable for toxic exposures that harm individuals, workers, and families. We understand how to prove liability in these cases and will fight to deliver the favorable outcome you deserve.
If you developed an injury or illness years after a known exposure to a toxic chemical or substance, it may not be too late to file a claim. Call (504) 384-8997 or contact us online to explore your options today.
“I will never forget what attorney John Andry did for me. When he makes a promise, he keeps it. He wouldn’t give up on me and most importantly he wouldn’t allow me to give up on myself.” - KB