ABSTRACT
Potential claimants in a toxic tort may be individuals, legal representatives of those individuals, class groupings of individuals, business entities, or public representatives. Suits on behalf of minors, or potential claimants who have died, may be brought by their legal representatives. Plaintiffs may bring actions on behalf of a class of similarly situated persons claiming injury or damage where the class representatives can demonstrate sufficient commonality of causation and damages. Under a variety of federal and state environmental statutes, individuals may sue defendants responsible for environmental harm for a wide range of noncompensatory relief. Bystanders may bring a toxic tort claim where they, or their property, suffer an injurious exposure to the defendant's product or process. While the duties of product sellers have been substantially enlarged to include a duty to bystanders, bystander plaintiffs face substantial difficulty in proving the suitability of punitive damages. Product manufacturers and other sellers are toxic tort defendants of first resort.
