Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
In recent years, Louisiana has seen a rise in lawsuits tied to chemical exposure. One major case involves the Denka Performance Elastomer facility in Reserve, where the U.S. The Department of Justice filed a complaint over emissions of chloroprene—a chemical linked to cancer.
This facility is located in a stretch of the state known as “Cancer Alley,” an area long criticized for high levels of industrial pollution. While federal agencies aim to regulate these emissions, individuals harmed by exposure may have a different path forward: toxic tort lawsuits.
Toxic torts are cases that involve personal injury and environmental law. They allow people harmed by chemicals to seek compensation for their injuries. In Louisiana, the legal landscape for toxic torts is complex, but it also gives residents a way to stand up against large corporations responsible for environmental harm.
Personal injury cases known as toxic torts occur when a person is exposed to a dangerous material and gets sick or hurt. These substances might be found in the air, water, soil, or even in products people use at home or work. Unlike a typical accident, the harm from toxic exposure often develops slowly, making it harder to detect and prove.
Examples of harmful substances involved in toxic torts include asbestos, pesticides, benzene, and chloroprene. Expert testimony and scientific data are frequently used in these cases to establish a connection between exposure and disease. Depending on how widespread the exposure is, people can file claims individually or as part of a group.
In toxic tort cases, the legal focus is on both personal injury and environmental contamination—two complex areas of law that often require expert testimony and detailed scientific evidence.
Louisiana’s civil law system includes specific rules for filing personal injury claims. In toxic tort cases, claimants must prove that a harmful substance directly causes their illness or injury. This often involves detailed medical records, environmental reports, and expert opinions.
One of the key laws in Louisiana is Civil Code Article 3492, which sets a one-year prescriptive period for personal injury lawsuits. This time limit usually begins when the injury is discovered, not when the exposure occurred. That distinction matters because toxic injuries often take time to show symptoms.
Under Louisiana Civil Code Article 3492, the prescriptive period for personal injury claims—including toxic torts—is generally one year from the date of discovery of the injury.
In addition to state laws, federal regulations like the Clean Air Act and enforcement actions by the EPA can support civil claims by providing documented proof of unsafe emissions or contamination.
Louisiana is home to numerous chemical plants and refineries, particularly along the Mississippi River between Baton Rouge and New Orleans. This region is often called “Cancer Alley” because of its dense concentration of industrial facilities and higher-than-average cancer rates.
A significant example is the Denka/Dupont plant in the Reserve, which has released chloroprene, a chemical used in making synthetic rubber for decades. The EPA classifies chloroprene as “likely carcinogenic,” and community groups have long blamed the facility for health problems in the area.
Cancer Alley, a stretch of the Mississippi River, has some of the highest toxic air pollution rates in the country, according to EPA data.
The Denka case is now the center of a federal lawsuit filed by the Department of Justice. However, civil lawsuits may follow if individuals can show they were personally harmed by the chemical exposure.
| Substance | Common Source | Health Risks |
| Chloroprene | Rubber production (Denka plant) | Cancer, immune system suppression |
| Benzene | Petrochemical plants | Leukemia, bone marrow damage |
| Asbestos | Building materials | Mesothelioma, lung cancer |
| Lead | Industrial waste, water pipes | Neurological damage, developmental delay |
| Pesticides | Agriculture, industrial runoff | Hormonal disruption, cancer |
The U.S. EPA states that exposure to chloroprene may raise the risk of cancer and harm the immune system, liver, and lungs.
Toxic tort lawsuits are about more than holding polluters accountable. They are also about helping victims recover financially and emotionally from the harm they’ve suffered. Compensation in these cases can cover both economic and non-economic losses.
Economic damages include medical bills, treatment costs, lost wages, and future health-related expenses. Non-economic damages include pain and suffering, emotional distress, and the loss of enjoyment in daily life. In severe cases where exposure leads to death, families may also seek wrongful death damages.
Since toxic injuries can take years to develop, calculating damages may involve estimating future medical needs and long-term financial impacts.
Toxic tort claims require careful preparation. The first step is identifying the source of exposure and documenting how it occurred. Claimants should also keep detailed medical records, track symptoms, and collect any evidence that links their health issues to the exposure.
Legal support is crucial in these cases because proving causation is often the most challenging part. Expert testimony from medical professionals, scientists, and environmental specialists is usually needed. Timing is also critical—since the statute of limitations is short in Louisiana, victims must act quickly.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
A toxic tort is a personal injury case involving harm from exposure to hazardous chemicals or pollutants.
You generally have one year from the discovery of injury to file under Louisiana law.
Victims can seek compensation for medical bills, lost wages, pain and suffering, and future health costs.
Yes. Medical records and expert testimony are usually required to prove the connection between exposure and harm.
Yes, if exposure to their pollutants caused injury, you may be eligible to file a toxic tort claim.
Toxic tort cases highlight how deeply environmental harm can affect everyday life in Louisiana. When industrial pollution causes personal injury, the state offers a path to seek justice. These cases are complicated, but with the proper preparation and legal guidance, victims can pursue the compensation they deserve.
Charbonnet Law Firm, LLC understands the legal and environmental challenges involved in toxic tort claims. Our team is committed to helping Louisiana residents affected by chemical exposure build strong cases and hold polluters accountable. If you’ve been harmed by toxic exposure, don’t wait—reach out today for a free consultation.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
