When Toxic Exposure Harms You, We Fight Back
We pursue claims for individuals and families harmed by exposure to toxic chemicals, contaminated water, and hazardous materials released through alleged corporate negligence.
A toxic tort is a legal claim brought by people harmed by exposure to a dangerous substance — such as benzene, asbestos, lead, industrial solvents, or PFAS “forever chemicals.” In California, plaintiffs may seek compensation under theories including negligence, strict products liability, ultrahazardous-activity liability, private and public nuisance, and trespass, and may invoke Proposition 65 disclosure duties. Trujillo & Winnick LLP represents plaintiffs in these cases across California.
What Is a Toxic Tort Case?
Toxic tort litigation addresses serious harm — including cancer, respiratory disease, organ damage, and property contamination — caused by exposure to hazardous substances. Cases commonly arise from industrial emissions, refinery operations, contaminated groundwater, defective products, occupational exposure, and improper disposal of hazardous waste. Because these matters turn on medical causation and technical evidence, they require expert analysis of exposure pathways, dose, and latency.
Common Types of Toxic Exposure We Handle
- Benzene and industrial solvents — linked to leukemia and other blood cancers, often in refinery, manufacturing, and occupational settings.
- Asbestos — associated with mesothelioma, lung cancer, and asbestosis.
- Lead — neurological and developmental harm, including from contaminated soil, water, and older housing.
- PFAS (“forever chemicals”) — persistent contaminants linked to certain cancers and organ effects in drinking water and consumer products.
- Contaminated water and soil — from industrial discharges, illegal dumping, and hazardous-waste releases.
- Silica, pesticides, and other hazardous chemicals — occupational and community exposures.
Legal Theories and Governing Law
California toxic tort claims are typically pursued under common-law negligence, strict products liability, ultrahazardous (abnormally dangerous) activity liability, and private and public nuisance and trespass. Statutory and regulatory frameworks may also apply, including California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Air Act, and California’s Porter-Cologne Water Quality Control Act. The applicable theory depends on the substance, the source, the exposure pathway, and the harm alleged.
How We Build Toxic Tort Cases
Toxic tort litigation depends on proving both that a defendant caused the exposure and that the exposure caused the harm. We review public records, agency filings, permit and inspection histories, and monitoring data, and we work with toxicologists, industrial-hygiene experts, and treating physicians to establish exposure pathways, dose, and medical causation. We pursue accountability against industrial operators, manufacturers, and property owners on behalf of individuals, families, and affected communities.
Toxic tort cases involve complex factual and scientific issues, and outcomes depend on the specific facts of each matter. Nothing on this page constitutes legal advice or a guarantee of results.
Frequently Asked Questions
What is a toxic tort case?
A toxic tort is a claim brought by someone harmed by exposure to a dangerous substance such as benzene, asbestos, lead, or PFAS. Plaintiffs may seek compensation for injuries and property damage under theories including negligence, strict products liability, nuisance, and California's Proposition 65.
How do I know if I have a toxic tort claim?
Potential indicators include a diagnosed illness or property contamination, a known or suspected exposure source such as a nearby industrial facility, and a plausible link between the two. Because causation is complex, an attorney and qualified experts should evaluate the specific facts, exposure pathway, and timeline.
What compensation may be available in a toxic tort case?
Depending on the nature and extent of the harm, potential recovery may include medical expenses, lost income and earning capacity, property remediation and diminished value, and pain and suffering. Available damages depend on the facts, the applicable legal theory, and the evidence in each case.
Is there a deadline to file a toxic tort claim in California?
Yes. Toxic tort claims are subject to statutes of limitations, and California recognizes a discovery rule that can affect when the deadline begins for latent injuries. Because these deadlines are fact-specific and can be missed, it is important to consult an attorney promptly.
What laws govern toxic tort cases in California?
California toxic tort cases commonly rely on negligence, strict products liability, nuisance, and trespass, alongside statutory frameworks such as Proposition 65, the federal CERCLA Superfund law, the Clean Air Act, and the Porter-Cologne Water Quality Control Act. Which apply depends on the substance and source.