In sufficient concentrations, pesticides and herbicides used in many forms of agriculture are known to cause a range of health problems
, from irritated skin to hormonal imbalances, nerve problems, and cancer. Studies have found a connection
between the use of the herbicide Roundup and celiac disease, also known as gluten intolerance. People who are harmed by agricultural chemicals may have legal recourse to recover compensation, but there are a range of challenges that a plaintiff must overcome.
Establishing causation can be difficult in pesticides cases
In a personal injury case the plaintiff must show, among other things, that the defendant’s negligent actions or inactions caused the plaintiff’s injury. In cases involving injuries caused by chemicals, a central question can be whether the defendant’s chemical really caused the injury, or if other intervening sources might be to blame. Putting aside the exotic situation where someone accidentally eats a huge amount of a toxic substance, the most common scenario involves health problems that are slow to develop and difficult to trace.
Highly technical evidence is usually required to establish the causal link between the defendant’s chemical and the plaintiff’s injury. Scientific studies can be useful evidence. Typically, one or more expert witnesses are asked to provide written or oral testimony. The witness, who must be properly qualified (for example, an oncologist to speak about causes of cancer), may give a professional opinion about the chemical at issue has been shown to cause the plaintiff’s injury.
Scientific evidence doesn’t always provide clear answers. Two studies of similar issues may reach different conclusions. Experts can disagree about the effectiveness of a study’s methods or its applicability to the plaintiff’s particular case. Cases involving relatively new health problems, like celiac disease, may suffer from inadequate studies. And chemical manufacturers often conduct tests of their own, with “experts” standing by to refute any claims about a chemical’s toxicity.
Another problem for plaintiffs is showing precisely when and where they came in contact with the defendant’s chemical. If the plaintiff cannot prove that he or she was exposed to the chemical at issue, a successful case will be hard to make. Proving exposure can be especially challenging if it happened a long time ago. On the other hand, if many people are suffering from the same problems and exposure to the same chemical can be established between them, a group of plaintiffs may be able to draw an inference that would not otherwise be available to an individual.
Questions of exposure can be different for someone who works closely with agricultural chemicals. Farm laborers, who are excluded
from Nevada’s workers’ compensation system, can be exposed to extremely high levels of toxicity if not adequately protected. Someone who has been exposed to very high levels of toxic chemicals and has developed a serious illness as a result should consult with an attorney as soon as possible.
GGRM is a Las Vegas personal injury law firm
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented injured clients to help them get the compensation they deserve. If you are suffering from an illness that may have been caused by exposure to agricultural chemicals, reach out to us today for a free, confidential attorney consultation. Call us at 702-388-4476 or send us a request through our site