Toxic Tort Claims refer to legal disputes where an individual or group seeks compensation for health and property damage caused by exposure to dangerous chemicals, toxic waste, or other harmful agents. In Georgia, where Soviet industrial heritage and modern industrial facilities often create environmental hazards, this issue is particularly relevant. Toxic exposure can be immediate (e.g., a chemical accident) or latent and long-term (e.g., soil or water contamination over years). The difficulty of such cases lies in establishing a causal link: it is hard to prove that a specific disease was caused precisely by a particular factory's emissions. This requires not only strong legal argumentation but also medical and environmental expertise.
What does the Toxic Tort Claims service cover?
Our service focuses on restoring environmental justice and includes:
- Situational Analysis: Identifying the potential source of pollution and establishing its link to the client's health condition.
- Expertise: Organizing toxicological, environmental, and medical expertise to scientifically confirm the damage.
- Lawsuit Preparation: Filing a civil lawsuit demanding compensation for damages based on the liability of the owner of a "source of increased danger."
- Negotiations: Negotiating compensation with companies or insurers out of court.
- Administrative Disputes: Involving the Department of Environmental Supervision and demanding sanctions against the enterprise.
Common Scenarios and Needs
Toxic tort disputes are often related to: Industrial Pollution: Emission of harmful gases from factories or spilling chemicals into rivers, harming the population. Pesticides: Use of banned or expired agrochemicals in agriculture, causing poisoning of neighboring plots or people. Construction Materials: Use of materials containing asbestos or lead in construction, posing a threat to residents. Waste Management: Improper operation of landfills leading to groundwater contamination.
Georgian Legislation and Regulations
The field is regulated by the Civil Code of Georgia (Article 999), which imposes strict liability on the owner of a source of increased danger (e.g., a chemical plant). This means the owner is liable for damages regardless of fault unless they can prove force majeure. Also important are the Law on Environmental Protection and the Law on Environmental Liability, which define the "polluter pays" principle. Toxic exposure in employment relations is regulated by the Labor Code and the Law on Occupational Safety.
Step-by-Step Process
The process begins with collecting evidence: air/water samples, medical diagnoses. The lawyer determines the responsible party (factory owner, state, or contractor). In the next stage, a claim is sent. If the responsible party does not pay compensation, litigation begins. In court, the main battle is between expert opinions. In case of victory, the plaintiff receives compensation for treatment, moral damages, and property value diminution.
Why Legal.ge?
Toxic disputes are technically complex and require specialized knowledge. Legal.ge connects you with lawyers experienced in environmental and tort law. We will help you prove the link between pollution and your injury and demand fair compensation. Do not leave health damage unanswered—fight with Legal.ge.
Updated: ...