The synergy of Toxic Tort Litigation and public health coming to a court near you
ABSTRACT
Toxic torts is a relatively new area of the law, but its seeds were sown a century ago with developments in modern culture. While the asbestos well has gone mostly dry for trial lawyers, and specific exclusions for lead poisoning have already taken effect, mold, Indoor Air Quality (IAQ), and chemical contamination are moving to the forefront of toxic tort and premises liability litigation. The design, manufacture, and marketing of the chemicals constituted one such development, one with far-reaching legal consequences which continue to challenge the legal system today. National Institute for Occupational Safety and Health estimated that 390,000 new cases of occupational disease occur each year and that 100,000 Americans die from occupationally caused illness and disease every year. The report commented that this figure may be a low estimate because of the great numbers of cases which are not recognized as having an occupational cause. The report also observed that the National Cancer Institute estimated that 60 to 70 percent of all cancers are environmentally caused.
Tort n. from French for "wrong," a civil wrong or wrongful act, whether intentional or “accidental”, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law and results in more civil litigation than any other category. People in toxic tort cases do not need to prove their cases beyond reasonable doubt, as is needed in criminal cases. They instead need to prove only that their claims are more likely to be true than not. Generally, courts expect judges and jurors to calculate the care that a reasonable person should take by multiplying the risk of exposure to harm or illness by the possible damage that could result. Toxic tort litigation has grown enormously over the past ten years, targeting corporations and companies that look the other way. The increase in toxic tort cases reflects the growing awareness of the environmental and personal damage resulting from unreasonable care by corporate and company actions. Corporations, like IBM, AMD, Motorola, 3 M Company, Burger King, McDonald’s, The Red Cross, Safety-Klean, Atlantic Richfield, Wyeth (formerly American Home products), and Hoffman-LaRoche, just to name as few, has experience first hand toxic tort litigation including: chemical sensitivity; indoor air quality; groundwater, soil and air contamination; radiation; workplace exposure; pesticides; solvents; poly chlorinated biphenyls (PCBs); gloves; electromagnetic fields (EMFs); endocrine disruptors, and more. It has cost each of them millions of dollars in legal fees as well as judgments. Toxic tort attorneys investigate claims that corporations and companies have mishandled waste and emissions, affecting soil, air, or water.
Toxic Tort Litigation is a complicated, convoluted and time-consuming legal process. Fortunately, however, there is a solution to reduce or mitigate claims. K P Environmental Services International emphasizes the importance of taking preventative measures to avoid expensive litigation. Toxic tort litigation attorneys focus on statutes such as CERCLA, RCRA, the Clean Water Act, the Clean Air Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and EPA compliance. We advise our clients on pollution prevention that is the reduction or elimination of discharges or emissions to the environment. This includes all pollution: hazardous and non-hazardous, regulated and unregulated, across all media, and from all sources. A systematic approach will produce better results than piecemeal efforts. An essential first step is to develop a comprehensive Environmental Health and Safety Policy focusing on Indoor Air Quality (IAQ) and the environment. Air filtration, a "certified green cleaning program", Integrated Pest Management (IPM), hazard waste management is a few of the main elements for a successful program. Performing and archiving Indoor Air Quality tests on a regular basis and eliminating problems is the best defense if you find your company on the wrong end of a toxic tort litigation lawsuit. Concentrations of volatile organic compounds (VOCs) and particulates can be more than 100 times higher in indoor spaces than outside spaces. It’s important to make informed decisions about managing your company’s risk. Some companies choose a proactive approach; others the reactive approach. Which approach do you want to take? The time bomb is ticking.
Roger D. Simpson Certified Green Consultant™
Vice President of KISS Inc. & CEO of KP Environmental Services International
Klean Image Service Specialists
13498 Pond Springs Road Bldg. "A"
Austin, Texas 78729
Office (512)-258-7003 Fax (512)-250-1225
Cell (512)-751-2402
Think about the "impact" you have on
the environment by printing this email.
The Facts: Buildings account for:
39% of the total energy use.
12% of the total water consumption.
68% of the total electricity consumption.
38% of the carbon dioxide emissions.
PLEASE CONSERVE
www.kisscleaning.com
ABSTRACT
Toxic torts is a relatively new area of the law, but its seeds were sown a century ago with developments in modern culture. While the asbestos well has gone mostly dry for trial lawyers, and specific exclusions for lead poisoning have already taken effect, mold, Indoor Air Quality (IAQ), and chemical contamination are moving to the forefront of toxic tort and premises liability litigation. The design, manufacture, and marketing of the chemicals constituted one such development, one with far-reaching legal consequences which continue to challenge the legal system today. National Institute for Occupational Safety and Health estimated that 390,000 new cases of occupational disease occur each year and that 100,000 Americans die from occupationally caused illness and disease every year. The report commented that this figure may be a low estimate because of the great numbers of cases which are not recognized as having an occupational cause. The report also observed that the National Cancer Institute estimated that 60 to 70 percent of all cancers are environmentally caused.
Tort n. from French for "wrong," a civil wrong or wrongful act, whether intentional or “accidental”, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law and results in more civil litigation than any other category. People in toxic tort cases do not need to prove their cases beyond reasonable doubt, as is needed in criminal cases. They instead need to prove only that their claims are more likely to be true than not. Generally, courts expect judges and jurors to calculate the care that a reasonable person should take by multiplying the risk of exposure to harm or illness by the possible damage that could result. Toxic tort litigation has grown enormously over the past ten years, targeting corporations and companies that look the other way. The increase in toxic tort cases reflects the growing awareness of the environmental and personal damage resulting from unreasonable care by corporate and company actions. Corporations, like IBM, AMD, Motorola, 3 M Company, Burger King, McDonald’s, The Red Cross, Safety-Klean, Atlantic Richfield, Wyeth (formerly American Home products), and Hoffman-LaRoche, just to name as few, has experience first hand toxic tort litigation including: chemical sensitivity; indoor air quality; groundwater, soil and air contamination; radiation; workplace exposure; pesticides; solvents; poly chlorinated biphenyls (PCBs); gloves; electromagnetic fields (EMFs); endocrine disruptors, and more. It has cost each of them millions of dollars in legal fees as well as judgments. Toxic tort attorneys investigate claims that corporations and companies have mishandled waste and emissions, affecting soil, air, or water.
Toxic Tort Litigation is a complicated, convoluted and time-consuming legal process. Fortunately, however, there is a solution to reduce or mitigate claims. K P Environmental Services International emphasizes the importance of taking preventative measures to avoid expensive litigation. Toxic tort litigation attorneys focus on statutes such as CERCLA, RCRA, the Clean Water Act, the Clean Air Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and EPA compliance. We advise our clients on pollution prevention that is the reduction or elimination of discharges or emissions to the environment. This includes all pollution: hazardous and non-hazardous, regulated and unregulated, across all media, and from all sources. A systematic approach will produce better results than piecemeal efforts. An essential first step is to develop a comprehensive Environmental Health and Safety Policy focusing on Indoor Air Quality (IAQ) and the environment. Air filtration, a "certified green cleaning program", Integrated Pest Management (IPM), hazard waste management is a few of the main elements for a successful program. Performing and archiving Indoor Air Quality tests on a regular basis and eliminating problems is the best defense if you find your company on the wrong end of a toxic tort litigation lawsuit. Concentrations of volatile organic compounds (VOCs) and particulates can be more than 100 times higher in indoor spaces than outside spaces. It’s important to make informed decisions about managing your company’s risk. Some companies choose a proactive approach; others the reactive approach. Which approach do you want to take? The time bomb is ticking.
Roger D. Simpson Certified Green Consultant™
Vice President of KISS Inc. & CEO of KP Environmental Services International
Klean Image Service Specialists
13498 Pond Springs Road Bldg. "A"
Austin, Texas 78729
Office (512)-258-7003 Fax (512)-250-1225
Cell (512)-751-2402
Think about the "impact" you have on
the environment by printing this email.
The Facts: Buildings account for:
39% of the total energy use.
12% of the total water consumption.
68% of the total electricity consumption.
38% of the carbon dioxide emissions.
PLEASE CONSERVE
www.kisscleaning.com
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