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Types of Claims

Many people throughout the United States are affected by harmful toxins and pollutants every year.

Environmental contamination can adversely affect your health, property and quality of life.  If you have been injured by toxins you may have a claim for damages.  Your claim will be dependent on a variety of factors including the type of contamination, source of contamination and the level of damage. 

Environmental litigation can be a complicated process.  It is important to hire a qualified legal team and corresponding experts to increase your opportunity for success. It is important that you seek legal assistance as soon as possible when you realize that you or your property has been affected by environmental contamination.

Types of Legal Claims

Nuisance
Nuisance claims exist where environmental damages harm or interfere with the enjoyment of your property.  Typical nuisance claims include, contamination of ground water, rubbish dumping, excessive noise and odor.

Trespass
Any invasion of your property by a third party constitutes a trespass. This claim is very similar to nuisance.  Invasion of your property can occur when your ground water is contaminated.

Strict Liability
Strict liability is a legal concept that provides that a third party will always be liable for damages caused by an ultrahazardous activity.  In strict liability cases a producer of a hazardous chemical can be held liable regardless of their actual knowledge of the affect on another individual’s health or property.  In other words ignorance of contamination or the effects of contamination are not allowed as a defense.  In addition, a victim is not required to show that the producer of the chemical had intent to harm to hold that producer liable.

Negligence
If the producer of a hazardous chemical failed to reasonably prevent the exposure of land or individuals to that chemical, the producer can be held liable for negligence.  One of the most important and critical issues to resolve in negligence cases is causation.  A plaintiff seeking damages from the producer of a toxic chemical must be able to prove that his or her damages were the direct result of the producer's negligence.


CONTACT

If you have been affected by toxic exposure, you may have a legal right to compensation. CONTACT US for a free consultation.

Environmental and Toxic Exposures