Toxic Exposure in the City: Environmental Hazards & Legal Rights

According to the World Health Organization, more than 1.6 million deaths were attributed to lead exposure globally in 2019—a leading estimate from the most recent confirmed data..  This number is staggering, though it represents only a portion of deaths linked to toxic exposures more broadly—including those caused by asbestos, silica, mold, and other hazardous substances.  Far too many people pass away from these exposures on an annual basis despite the growing understanding of their dangers.

This article will explain what a toxic exposure is, how it happens, and how the law applies to cases in which a person contracts a horrific condition such as mesothelioma or other forms of cancer due to the exposure.  It will then move into a discussion of what to do if you believe you have been exposed to a toxic substance.

This article cannot act as an effective substitute for counsel.  If you have developed a disease or condition as a result of an exposure to a toxic substance then you may be entitled to financial compensation.  Call the NYC toxic exposure attorneys at Dansker & Aspromonte at (516) 206-6723 today to schedule your free consultation.

Toxic Exposure: What It Is & How It Happens

According to the New York Department of Health, a toxic substance is a substance that can be poisonous or cause health effects.[1]  People are typically concerned about chemicals like polychlorinated biphenyls (PCBs), dioxin, or asbestos, but there are toxic substances in everyday products such as household cleaners, prescription drugs, gasoline, and pesticides.  In fact, almost any chemical can be toxic under the wrong conditions.[2]

The Law of Toxic Tort

Toxic tort litigation is among the most complex forms of litigation in American law, but it ultimately boils down to causation.  Causation is a steep hill to climb for many toxic tort plaintiffs because proving it is often based on still-developing science.  However, successful toxic tort cases often have very high settlement values because the injuries to the plaintiff are so severe.  What follows is a discussion of the law of toxic tort.

Causation is Critical

Causation must be proved in every personal injury case, but toxic tort cases are among the most difficult cases for proving causation.  Whether or not a particular disease or medical condition is caused by a particular substance is medically and scientifically complex, and it is often difficult or even impossible to provide evidence sufficient to prove causation.[3]

It is for this reason that New York courts allow expert witnesses—such as medical doctors and other scientists—to testify that “it is possible” that a toxic substance “could produce” a certain disease.[4]  New York courts allow parties to offer this expert testimony as proof of causation so long as the testimony is intended to show that there is a probability that the substance causes that particular disease and that this probability is supported by rational evidence.

But it isn’t enough to simply prove that the toxic tort plaintiff was exposed to a toxic substance.  The toxic tort plaintiff must also prove that he was exposed to that toxic substance in an amount or dose that is sufficient to cause the particular disease that the toxic tort plaintiff developed.

The issues discussed above are practical issues of causation, but to discuss causation in a toxic tort case requires a discussion of two different types of causation: (1) cause-in-fact & (2) proximate (or “legal”) causation.  In both cases, it is the toxic tort plaintiff’s burden to prove causation, and he or she cannot receive any form of financial compensation without doing so.[5]  Whether or not a toxic tort plaintiff has succeeded in proving both forms of causation is another question that is ultimately left up to the jury.[6]

Cause-in-Fact

Cause-in-fact—also known as factual causation—is generally the more straightforward form of causation in a toxic tort case. By proving that a substance is the factual cause of a disease, the toxic tort plaintiff is effectively proving that the toxic substance caused the disease or medical condition in a physical sense.[7]

Asbestos cases are common illustrations of factual causation. Toxic tort plaintiffs who claim that their injuries—specifically their development of mesothelioma—are the result of continuous inhalation of asbestos fibers over a period of years are able to prove factual causation by proving that the asbestos exposure was a substantial contributing factor to their disease.[8] This clarifies an important rule in toxic tort litigation: exposure to a substance does not need to be the sole factual cause of the disease or condition for the plaintiff to successfully prove factual causation.

Proximate Causation

Proximate causation is the other form of causation, and providing a precise definition of proximate causation has been nearly impossible for New York courts.[9]  Proximate causation might simply be poorly named, for proximate causation is more easily thought of as a limitation of who can be held liable for a particular act and under what circumstances.  Basically, proximate cause as a concept recognizes that an act or substance can be the factual cause of a condition or disease, but liability for damages caused by that disease or condition is not imposed due to public policy or common sense concerns.

Identifying the Responsible Parties

Often, one of the most difficult aspects of a toxic tort exposure case is determining who is responsible for causing the injury.  A lawsuit needs a defendant if the plaintiff is to be compensated for his or her injuries.

Toxic tort cases commonly have multiple parties that are responsible for the injury, meaning that there are potentially multiple sources from which one can recover.  Remember: there can be multiple causes of a toxic tort injury; none of them need to be the only cause.

Statute of Limitations in Toxic Tort Cases

Personal injury lawsuits typically must be filed within three years of the injury under New York law, though this timeline can vary based on individual case factors. You should contact an experienced attorney immediately to preserve your legal rights.[10]  Toxic tort cases present unique challenges with respect to the time that the injury occurred. Remember: the injuries in toxic tort cases are the latent effects of a person’s exposure to a substance or combination of substance over a period of time. A person who is exposed to a toxic substance may not actually develop symptoms of any kind until years later.

This leaves open a significant question: when did the toxic tort plaintiff’s injury actually happen for the purpose of the statute of limitations? New York law addresses this by stating that the statute of limitations begins to run either (1) on the date that the plaintiff discovered the injury or (2) on the date when the plaintiff should have discovered the injury through the exercise of reasonable diligence—whichever event occurs earlier.[11]

Damages Available to a Toxic Tort Plaintiff

Toxic tort cases are filed to ensure that victims receive the compensation to which they are legally entitled.  In New York, injured people can recover compensatory damages for their injuries.[12]  New York law allows recovery for the following types of compensatory damages:

• Pain & Suffering: These are damages awarded for the physical sensation of pain that the injured person experienced as a result of his or her injury.[13]
• Medical Expenses: Damages awarded for the injured person’s medical expenses cover expenses that are reasonably necessary as a result of the injury, including those incurred previously and those that will be incurred in the future due to the disease or condition.[14]
• Lost Wages: Toxic tort plaintiffs are entitled to compensation for wages they have lost and will lose due to the injury caused by their exposure.

What to Do If You Are Exposed

The Warning Signs of Exposure

First, it’s important to understand the warning signs of toxic exposure. Depending on the specific chemical and level of exposure, you may experience symptoms such as:

• Respiratory issues such as coughing, wheezing, or shortness of breath;
• Tightness in your chest;
• A burning sensation in the nose or throat;
• A runny nose or nasal congestion;
• An onset rash or itching;
• Irritation of the eyes;
• Blisters or burns on the skin;
• Headaches, dizziness, nausea, or vomiting;
• Confusion or disorientation;
• An irregular heartbeat; or
• Fever, chills, and physical weakness.

It is particularly important to seek immediate medical attention if you experience difficulty breathing, lose consciousness, suffer severe burns, endure a seizure or convulsion, or experience sudden confusion.

See a Medical Professional

After experiencing any of these symptoms, see your trusted medical professional to evaluate the potential health effects of the exposure and determine what steps can be taken to reduce further harm or long-term impact.  You may not be able to see a doctor immediately after being exposed, especially if you don’t know that you were exposed.  However, you can and must see a doctor once you begin to experience symptoms—and be sure to document the timing and nature of those symptoms, as this information can be critical in any potential legal claim.

Research Your Neighborhood’s History

New York City enacted the Community Right-to-Know Law in 1988.  This law requires the City to effectively regulate the storage, use, and handling of hazardous substances, and businesses and facilities are required to report the quantity, location, and chemical identity of hazardous substances stored or used on-site anywhere within the five boroughs.

Case Study

The attorneys at Dansker & Aspromonte have a track record of success in litigating toxic tort cases.   Our attorneys recently recovered $2 million for one of our clients, a forty-six year-old worker who cleaned offices at night.

Our client was working late one night when the building she was cleaning was being fumigated with a powerful chemical agent.  The men doing the fumigation work wore hazmat suits to protect themselves from the chemical’s toxicity.  No one told our client about the fumigation, and she became violently ill when she inhaled the fumes.  Her doctor later diagnosed her with Lupus, an autoimmune disease that can, in rare cases, be linked to certain environmental triggers or chemical exposures, though such connections are often medically complex and require expert testimony.

Our attorneys eventually settled this case by working with medical and chemical exposure experts to demonstrate that the chemical exposure was a substantial contributing factor to her Lupus diagnosis. This required us to work closely with chemical exposure experts and compile a detailed and medically supported record of our client’s diagnosis, symptoms, and treatment history.  All of this work was rewarded when our client was compensated for her severe injuries.

Conclusion

As discussed above, exposure to certain toxic substances can result in life-altering and, in some cases, fatal injuries. Toxic tort law is complex, but prompt medical evaluation, thorough documentation, and early legal intervention can significantly improve both health outcomes and legal recovery.

At Dansker & Aspromonte, our toxic tort attorneys are here to take your call and schedule your free consultation.  We have years of experience litigating toxic tort cases on behalf of our clients and the results to match them.  Our attorneys collaborate with respected medical experts and toxicologists to build the strongest possible case for our clients.  If you choose to retain our firm then we will fight to ensure you get every dime to which you are entitled.

If you have developed a serious illness or condition following exposure to a toxic substance, contact the NYC toxic exposure lawyers at Dansker & Aspromonte at (516) 206-6723 or reach out via our online contact form to schedule your free consultation.

[1]  New York State Department of Health, “What You Know Can Help You – An Introduction to Toxic Substances,” (accessed May 21, 2025), https://www.health.ny.gov/environmental/chemicals/toxic_substances.htm.

[2]  New York State Department of Health, “What You Know Can Help You – An Introduction to Toxic Substances,” (accessed May 21, 2025), https://www.health.ny.gov/environmental/chemicals/toxic_substances.htm.

[3]  Miller v. National Cabinet Co., 8 N.Y.2d 277 (1960)

[4]  Miller v. National Cabinet Co., 8 N.Y.2d 277 (1960)

[5]  Jerry v. Borden Co., 358 N.Y.S.2d 426 (2d Dep’t 1974).

[6]  Lamey v. Foley, 594 N.Y.S.2d 490 (1993).

[7]  Ezagui v. Dow Chemical Corp., 598 F.2d 727 (2d Cir. 1979).

[8]  Zalinka v. Owens-Corning Fiberglass Corp., 633 N.Y.S.2d 884 (1995).

[9]  Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 (1980).

[10]  CPLR § 214.

[11]  Trisvan v. Heyman, 305 F.Supp.3d 381 (E.D. N.Y. 2018).

[12]  Keefe v. Lee, et al., 197 N.Y. 68 (N.Y. App. Ct. 1909).

[13]  Keefe v. Lee, et al., 197 N.Y. 68 (N.Y. App. Ct. 1909).

[14]  Gumb v. Twenty-Third St. Ry. Co., 114 N.Y. 411 (1889).