Sociological Theory and Methods in Toxic Tort Lawsuits

Abstract

“A toxic tort is a particular type of personal injury lawsuit in which the plaintiff claims that exposure to a toxin caused the plaintiff’s injury or disease” (Wikipedia. Toxic tort. Retrieved from http://en.wikipedia.org/wiki/Toxic_tort, 2012). Toxic tort cases are often highly contested since they significantly impact the health, financial, social, and psychological welfare of affected communities. Local residents are increasingly likely to file lawsuits claiming various types of tort damages as a result of so-called chronic technical disasters. Sociological evidence has been used to show the extent to which environmental contamination produced trauma in community residents (Erikson, A new species of trouble: Explorations in disaster, trauma, and community. New York: W.W. Norton & Co., Inc., 1994). Such contamination can bring about changes in the residents’ self-concept and reduce their self-esteem, and can also change their social interactions as well as their view of the world. In this chapter, the author uses three examples to demonstrate the ways in which sociological testimony and data can help both plaintiff and defense attorneys in toxic tort cases: 1. The Radium Dial Workers (RDWs) Tragedy and Its Health and Environmental Effects 2. Radon Exposure in Homes and Other Settings and the Risk of Lung Cancer 3. Health and Environmental Risks Associated with a Thorium Refining Plant in West Chicago, Illinois