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Defending against toxic exposure claims

On Behalf of | May 6, 2024 | Environmental Law |

In today’s industrial and chemical-heavy environment, defending against toxic exposure claims has become a significant concern for businesses. These claims arise when individuals allege that exposure to hazardous substances at work or in their environment has caused them harm.

Companies must approach these claims with a clear strategy and a solid understanding of both the law and the science involved.

Gather all the evidence

The first step in defending against a toxic exposure claim is to gather comprehensive evidence. This evidence can include records of the substances used, safety measures the company implemented and any training provided to employees. It also involves collecting medical records and scientific studies that might relate to the case. This information will help establish whether the exposure could have occurred as described and if it could have led to the claimed health issues.

Understand the legal standards

Companies must understand the legal standards that apply to toxic exposure claims. In New Jersey, the standards typically require demonstrating that the exposure resulted from the company’s negligence or failure to adhere to safety regulations. Knowing these legal criteria helps in forming a strong defense strategy.

Consult experts

Consulting with experts in fields such as toxicology, industrial hygiene and occupational health can provide insights into whether the chemicals in question could have caused the alleged injuries. They can also help challenge the plaintiff’s evidence about the toxicity of the substances and the likelihood of exposure at the levels claimed.

Implement and document safety measures

A proactive approach to safety can be a strong defense against future claims. Implement stringent safety measures and ensure compliance with all relevant regulations. Documentation of these efforts can demonstrate the company’s commitment to protecting its employees and the public from harmful exposures. This can be particularly persuasive in showing that the company has taken reasonable steps to prevent such incidents.

Prepare for litigation

If a case goes to trial, thoroughly preparing for litigation is key. This preparation involves organizing all collected evidence, working closely with legal counsel and rehearsing clear, concise arguments. Being well-prepared helps effectively communicate the complexities of the case to a judge or jury, which can help you achieve a favorable outcome.

By taking these steps, companies can effectively defend against toxic exposure claims and reduce their liability. This not only helps in dealing with individual claims but also sets a standard for handling similar issues in the future, ultimately contributing to safer industrial practices.