Toxic Tort & Defense Litigation
Bennett Schechter Arcuri & Will represents national self-insured companies and insureds in the area of toxic tort litigation. We have the skill and resources to timely investigate and evaluate our clients’ exposure to toxic tort claims. We have a great deal of experience dealing with the complicated legal issues that often develop in these cases throughout the course of litigation. Moreover, we have experience with the unique medical issues in these types of cases and have the ability to select well-qualified experts to properly defend these actions. We handle matters involving asbestos, pesticides, mercury, mold, silica and lead.
In the asbestos realm, New York State continues to have a robust asbestos docket of lawsuits involving mesotheliomas and lung cancers. Asbestos litigation, whether grounded in negligence or a strict product liability, generally involves an alleged failure to warn. Under New York law, a plaintiff has three years from the onset of symptoms to commence a lawsuit caused by exposure to a toxic substance. This results in litigation being commenced decades after the alleged exposure due to the latency of these diseases. Given the nature of these diagnoses, these cases are often handed expedited trial dates with strict compressed discovery schedules. Bennett Schechter’s Toxic Tort Practice Group is well qualified to handle these matters and investigate these claims. We regularly handle all aspects of these matters, including trying the cases when called upon throughout upstate New York and have appeared pro hac vice as trial counsel in other jurisdictions throughout the country.
In the lead paint realm, New York State continues to have a great number of cases placed into litigation. Lead paint litigation generally involves a claim of negligence and negligent abatement against a homeowner. Under New York law, an infant, a person under the age of 18, has until age 21 to bring a lawsuit. Therefore, it is common for the allegation of exposure to have occurred in the early to mid-1990’s. This often becomes problematic for homeowners, as documentation may no longer be in their possession. Bennett Schechter’s Toxic Tort Practice Group has the knowledge and experience to handle these issues with proficiency.
For additional information, please contact: