Toxic torts can fall under multiple legal theories, including:

1. Negligence (CACI 400, 401, 430)

Was the defendant careless in storing, using, releasing, or warning about hazardous substances?

2. Premises Liability (CACI 1000–1011)

Did a property owner allow a dangerous chemical condition to exist?

3. Product Liability (CACI 1200–1206)

Was a chemical product defectively designed, manufactured, or labeled?

4. Failure to Warn

Did a company fail to warn users or neighbors about chemical risks?

5. Public Nuisance

Was the public harmed by an industrial process or facility?

6. Medical / Professional Negligence (CACI 600 series)

Did a spa, aesthetician, or medical provider misuse chemicals and cause burns or poisoning?

To win any toxic tort case, the plaintiff must prove:

1. Exposure to a toxic substance
   
2. The defendant’s conduct created or allowed the exposure
   
3. Causation — the exposure was a substantial factor in causing harm
   
4. Physical, emotional, or economic damages
   

Toxic tort cases often require expert medical and toxicological testimony.

1. Chemical Burns

Direct contact with chemicals can cause severe burns, including:

• Acids (hydrochloric, sulfuric, glycolic, TCA)
  
• Alkalis (bleach, ammonia, cement burns)
  
• Industrial cleaners
  
• Pool chemicals
  
• Batteries leaking electrolyte
  
• Salon/esthetician chemical peel misuse
  

Chemical burns often occur at:

• Workplaces
  
• Factories
  
• Spas and salons
  
• Medical offices
  
• Hotels
  
• Commercial facilities
  
• Restaurants and kitchens
  

2. Toxic Exposure at Work

Employees exposed to toxic chemicals may suffer:

• Lung damage
  
• Cancer
  
• Chemical burns
  
• Neurological disorders
  
• Reproductive harm
  
• Skin damage
  
• Organ failure
  
• Chronic respiratory conditions
  

Common workplace exposures include:

• Industrial solvents
  
• Benzene
  
• VOCs (Volatile Organic Compounds)
  
• Perchloroethylene
  
• Pesticides
  
• Heavy metals (lead, arsenic, mercury)
  
• Welding fumes
  
• Silica dust
  
• Asbestos
  
• Formaldehyde
  
• Chemical emissions from industrial processes
  

Workers are entitled to workers’ compensation AND potentially a third-party civil claim if a contractor, manufacturer, or property owner contributed to exposure.

3. Environmental Exposure from Industrial Facilities

People living near industrial plants may absorb toxic chemicals through air, water, or soil.

Examples include:

• Medical sterilization facilities
  
• Industrial metal plating plants
  
• Chemical manufacturing sites
  
• Oil refineries
  
• Waste treatment facilities
  
• Factories emitting carcinogens or toxic gases
  

Sterigenics-type cases serve as an example of environmental toxic tort litigation, where ethylene oxide emissions allegedly impacted thousands of residents living near sterilization plants. Similar exposures occur across California where industrial facilities operate in residential areas.

Community exposure claims include:

• Nuisance
  
• Negligence
  
• Failure to warn
  
• Premises liability
  
• Environmental law violations
  
• Toxic discharge or emissions
  
• Wrongful death
  

Exposures may cause:

• Leukemia
  
• Breast cancer
  
• Reproductive harm
  
• Respiratory disorders
  
• Asthma
  
• Neurological issues
  
• Immune system dysfunction
  

4. Hazardous Product Exposure

Defective products may release toxic substances, such as:

• Cleaning products
  
• Personal cosmetic products
  
• Hair/skin treatment chemicals
  
• Paints, adhesives, epoxy
  
• Aerosols
  
• Industrial degreasers
  
• Pesticides
  
• Lithium battery fires releasing toxic fumes
  

These may lead to skin burns, lung damage, eye injuries, or systemic poisoning.

5. Explosions, Fires & Fume Release

Toxic injuries often occur due to:

• Gas leaks
  
• Electrical fires
  
• Battery explosions
  
• Industrial accidents
  
• Propane tank failures
  
• Aerosol can explosions
  
• Chemical mixing errors
  

Victims may inhale toxic smoke or suffer burns and blast injuries simultaneously.

Exposure can cause:

• Chemical burns
  
• Respiratory burns
  
• Lung scarring
  
• Asthma or COPD
  
• Cancer (depending on chemical)
  
• Fertility issues
  
• Hormone disruption
  
• Neuropathy
  
• Immune system suppression
  
• Chronic headaches and dizziness
  
• Brain fog and cognitive decline
  
• Kidney or liver damage
  

Long-term effects often require life-long treatment.

BLG works with:

• Toxicologists
  
• Environmental scientists
  
• Industrial hygienists
  
• Oncologists
  
• Epidemiologists
  
• Chemical engineers
  
• OSHA and Cal/OSHA experts
  

We gather:

• Environmental testing
  
• Air/water quality reports
  
• MSDS and chemical safety data sheets
  
• Corporate safety records
  
• OSHA violation reports
  
• Expert medical causation opinions
  
• Witness statements
  
• Internal corporate documents (when available)
  

Victims may recover:

• Medical expenses
  
• Future treatment
  
• Pain and suffering
  
• Emotional distress
  
• Lost wages
  
• Loss of earning capacity
  
• Disfigurement (burns)
  
• Respiratory equipment or long-term care
  
• Wrongful death damages
  

Community exposure cases often result in very high-value claims.

Varies depending on the type of case, but generally:

• 2 years for personal injury
  
• 6 months for government claims
  
• 2 years for wrongful death
  
• Extended discovery rule applies for latent toxic injuries (when symptoms appear years later)