Abstract
This article addresses private legal claims in which the victim has suffered disease and claims that another's toxic agent caused that disease. The different types of legal claims that might be asserted when the toxic agent is a product, such as a pharmaceutical drug, or constitutes hazardous waste, such as PCBs that have leached out of discarded transformers, are cataloged and explained. The elements of these claims are detailed, as well as defenses that might eliminate or reduce liability. The special elements that make these ‘toxic torts’ distinctive from other kinds of torts that involve physical injury are detailed. The article contains special emphasis on scientific evidence, usually epidemiology or toxicology, that is brought to bear on the issue of causation, an element of all tort claims.
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