The attorneys at Gausnell, O’Keefe & Thomas, LLC have extensive experience defending our clients in toxic tort litigation and other matters. Madison County, St. Clair County, Cook County, and the City of St. Louis are venues where many lawsuits involving a variety of toxic torts including asbestos, benzene, welding fumes, thimerosal, vinyl-chloride, and many others occur. In a legal landscape such as this, you need counsel you can trust to get you the best result. Our law firm has the experience, knowledge, and resources required to defend your company in this highly litigated area of law and is equipped to drive these matters to a swift and successful resolution.
Toxic Tort Litigation
What is a Toxic Tort?
Toxic tort claims are a specific type of personal injury or wrongful death lawsuit in which the plaintiff alleges they were exposed to toxic chemicals or dangerous substances which caused them injury or disease. Often, these types of claims arise from alleged exposures to solvents, asbestos-containing building materials or other products, pharmaceuticals, lead-based paint, pesticides, PCBs, silica, and other substances. These substances and chemicals may be present in consumer products, building products, through occupational duties, and other circumstances.
Why You Need an Experienced Toxic Tort Lawyer
When toxic tort claims are directed against an individual or a company, they pose many potential risks, some of which extend beyond the scope of a typical lawsuit. An example of this risk, especially in product liability cases, is that the inclusion of the allegedly dangerous substance or material was done for a long period of time and across the United States, which can lead to additional potential lawsuits and claims in the future. The experienced Toxic Tort Lawyers at Gausnell, O’Keefe, & Thomas LLC help clients address these far-reaching threats by working to minimize the risk of future lawsuits while providing sound and candid counsel. Our lawyers have many years of experience and a large knowledge base to address the myriad issues which arise in Toxic Tort cases and are equipped to defend them to the full extent of the law. We also employ proven strategies and have spent decades building relationships to the benefit of our clients to procure early dismissals, where appropriate, and help to minimize costs and exposures of these potentially “bet the company” claims.
Defenses Against Toxic Tort Claims
Although every lawsuit is different, common legal defenses in Toxic Tort lawsuits include:
- Assumption of Risk – Where the claimant has used a product or encountered the alleged exposure despite being informed of the risks posed;
- Contributory/Comparative Negligence – Where the claimant has failed to act reasonably under the circumstances which caused or contributed to cause their alleged injuries;
- Statute of Limitations – Where the claimant fails to file their lawsuit within the time allotted to do so by law;
- Plaintiff Failed to Prove Causation – Where the claimant fails to prove that the allegedly dangerous substance cause their alleged injury or that a particular person’s or company’s acts or omissions were causally related to the alleged injury, etc.; and
- Jurisdictional Issues – Where suits are filed against companies with no connection to the forum state, or by plaintiffs who have no residence there.
Types of Clients Represented
Our experienced trial attorneys represent companies both large and small in various industries related to toxic tort litigation. These industries include:
- Architecture and Engineering Firms
- Construction Companies
- Industrial Product and Equipment Manufacturers
- Building Materials Manufacturers and Distributors
- Manufactured Housing Companies
- International Automotive Component Manufacturers
- Railroad-Related Product Manufacturers
- Commercial and Residential Property Owners/Operators
- Furnace Manufacturers
- Large Industrial & Energy Companies (Oil, Gas, Electric)
- Pharmaceutical Companies
- Construction Product Distributors
- Construction Equipment Rental Companies
St. Louis Toxic Tort Lawyers
The skilled and experienced Toxic Tort Lawyers at Gausnell, O’Keefe, & Thomas LLC are ready to apply their vast knowledge and trial skills to defend you and your company in these matters. Our large trial team can identify and defend such cases where other lawyers may fail to recognize the risks or potential pitfalls that may arise in Toxic Tort cases. We know where to look to find the crucial information needed to defend your case. To see if we can help, schedule a consultation with one of our expert toxic tort lawyers.