Linking Environmental Exposure To Illness In Human Health Claims

Injured individuals seeking to prove in Court a health claim that arises from an environmental exposure can experience evidentiary challenges. Plaintiffs can overcome these challenges by leading evidence (including expert evidence) to prove, on a balance of probabilities, that:

• They were exposed to an environmental factor (i.e., asbestos, ozone, talcum powder, benzene or volatile organic compounds such as industrial degreasers) that is toxic
• They experienced a health condition relating to that exposure, and
• Their health condition was caused by the environmental exposure for which they seek a legal remedy.

Show Me The Proof

Documentary evidence of chemical exposure is helpful in proving health claims, although this evidence may be difficult to come by.