A tort is a personal injury to an individual caused by the negligence, or carelessness, of another person. A toxic tort is an injury that resulted from contact with a toxic substance due to someone else's negligence, often an employer. 

Some examples of toxic torts that might be present in Alabama and the damage that they can cause include: 

• Lead paint, known to cause brain damage in children


• Asbestos, linked to mesothelioma, lung cancer, and other lung diseases


• Dry cleaning solvents, which have caused brain and major organ damage


• Pesticides such as DDT, blamed for the incidence of certain birth defects


• Electro-magnetic fields from utility wires and major appliances, a suspected cause of cancer


• Toxic landfill waste, linked to leukemia


• Certain pharmaceuticals such as DES, known to cause cervical cancer in offspring


• Exposure to mercury in drinking water, which may result in kidney and neurological damage


• Water contaminated with arsenic, known to cause circulatory problems and numerous complications for pregnant women and their babies 

Many people who suffer a toxic tort injury are exposed at their workplace. If toxins are present in your place of work, your employer is obligated by law to provide all employees with information regarding dangerous materials. This information is usually provided by way of Material Safety Data Sheets (MSDS), which not only give information on products that may make contact with hazardous materials, but also on the chemicals themselves. Employers may also post warning labels or signs in areas where toxins may be present. 

Some ways that employers can lessen the danger of exposure to toxins and lower their risk of having a toxic tort lawsuit filed against them include: 

• Substitute the existing toxic process, material, or chemical with a safer one that provides similar benefits


• Isolate hazardous materials within a certain well-defined area of the workplace


• Provide adequate ventilation in all areas, specifically those where toxins may be present


• Require that employees wear protective clothing, personal ventilators, or masks to reduce exposure to toxins 

Alabama employees need to become informed of any potential toxins that may exist in their workplace. One Alabama toxic tort case involved PCB contamination in Anniston, Alabama, and resulted in the largest and longest-running trial in Alabama history. The case involved more than 3,500 plaintiffs, many claiming both personal injury and property damage, and went before the Alabama Supreme Court on three separate occasions before and during trial. The jury trial lasted more than 19 months in 2002-2003, and over 500 separate verdicts were returned. With 3,000 claims still being tried, the case settled in August 2003 for an amount significantly less than the plaintiffs' pretrial demand of more than $1 billion.