Across Los Angeles County and throughout California, communities are exposed to toxic substances through contaminated water, polluted air, hazardous waste, and industrial discharge. When corporations, utilities, or government agencies release or allow the release of toxic substances that harm people’s health and property, the law provides a path to accountability. Environmental toxic tort claims exist to ensure that the burden of contamination falls on those who caused it, not on the people who suffer from it.

What Is an Environmental Toxic Tort

A toxic tort is a legal claim for injury caused by exposure to a harmful substance. Environmental toxic tort claims specifically address harm caused by contamination of the air, water, or soil. These cases can involve industrial chemicals dumped or leaked into groundwater, airborne pollutants from factories, refineries, or processing plants, hazardous waste from landfills, storage facilities, or disposal sites, agricultural chemicals that contaminate nearby communities, construction materials like asbestos that expose workers and residents, and contamination from oil spills, gas leaks, and pipeline failures.

Legal Theories in Toxic Tort Cases

Environmental toxic tort claims can be brought under several legal theories. Negligence holds a defendant accountable for failing to exercise reasonable care in handling, storing, or disposing of toxic substances. Strict liability applies to inherently dangerous activities—such as transporting hazardous chemicals—where the defendant is liable for harm regardless of fault. Public nuisance claims address conduct that unreasonably interferes with community health and safety. Trespass claims apply when contaminants physically invade another person’s property. Product liability claims hold manufacturers responsible for harm caused by toxic products.

What Must Be Proven

To succeed in an environmental toxic tort claim, a plaintiff must establish that they were exposed to a disease-causing substance, that the defendant is responsible for the exposure, that the plaintiff suffered harm, and that the exposure caused or contributed to the harm. Scientific evidence, environmental testing, medical records, and expert testimony all play critical roles in building these cases.

Compensation Available

Environmental toxic tort claimants may be entitled to compensation for medical treatment related to toxic exposure, property damage and contamination cleanup, property value losses, lost wages and earning capacity, pain and suffering, future medical monitoring, and wrongful death damages where exposure caused fatal illness.

No community should have to accept toxic contamination as a cost of living near industry. If you believe you or your family has been harmed by environmental contamination, Beverly Wilshire Law APC can evaluate your situation and explain your legal options. Call (310) 424-5566 or email info@bevwilshire.com for a free consultation—we’re here to guide you in the right direction.