Giroux Amburn, P.C.

Toxic Torts

Fighting for Your Right to a Safe Living Environment

The personal injury attorneys at Giroux Amburn, Southfield know that a safe living and working environment is one of the most basic things you deserve. But sometimes, your health and safety aren’t someone else’s top priority, leaving you exposed to dangerous environmental toxins.

The most common environmental toxins include things like:

  • Asbestos
  • Beryllium
  • Benzene
  • Black mold
  • Lead
  • Manganese
  • Silica

Proving liability in a toxic tort case can be tricky, as there may be several parties who could be responsible for the toxins.

A common claim is negligence, in which the plaintiff and their attorney must prove:

  • The defendant (a construction company, for example) had an obligation of care
  • The defendant’s action or lack thereof did not meet this duty, such as failing to provide safety equipment to prevent asbestos inhalation
  • As a result, the plaintiff was injured

An attorney may also use strict liability, which argues that certain behavior is so dangerous that anyone engaging in it must be held legally responsible, or argue that the defendant knew that a substance or product was dangerous and deliberately concealed the danger.

If you were injured due to someone else’s negligence, you are able to claim damages related to personal physical injuries, property contamination, or damage to your business as a result of toxic exposure.

Did you or a loved one suffer any of the following environmental toxin effects due to someone else’s negligence?

  • Dermatological problems, such as rashes
  • Gastrointestinal problems, such as nausea, diarrhea, or vomiting
  • Neurological problems, such as dizziness, confusion, or seizures
  • Physical problems, such as organ damage or cancer
  • Reproductive problems, such as birth defects or infertility
  • Respiratory problems, such as breathing issues, coughing, or choking
  • Wrongful death

The personal injury attorneys at Giroux Amburn know that you deserve to live and work in a safe environment. We’ve handled over 120 trials and over 2000 cases in state and federal courts in Michigan and across the country, and we’ve won millions for families just like you. We know what it takes to win, and we will fight for you every step of the way.

Frequently Asked Questions

Q: What are my civil rights?

Generally speaking, your civil rights are those enumerated under the US Constitution and legislative acts. Civil rights are typically those considered to be related to an individual’s political and social freedom and equality.  These rights range from your right to free speech to your right to an attorney.

Q: What rights do I have if I’ve been arrested?

The most important rights to consider if you’ve been arrested or picked up by police are the right to an attorney, the right to avoid self-incrimination, and the right not to be unlawfully detained. You can always refuse to answer questions and request an attorney. If you have not been formally placed under arrest, you have the right to leave police custody. If you’ve been placed under arrest, the police have a certain amount of time they can hold you without formally filing charges. Even after you have been formally charged, you have the right to request a non-punitive bail, which can be granted or denied at the judge’s discretion.

Q: What is the statute of limitations for a civil rights claim?

Depending on the claims alleged, civil rights violations have varying statutes of limitations under state law. Federal courts typically apply the laws of the forum state in assessing the applicable statute of limitations. If you believe your rights have been violated, you should speak to a lawyer immediately.

Q: What are common types of civil rights claims?

Technically, a civil rights claim can be any act that in some way has infringed upon an individual’s autonomy.  The most common types of civil rights claims involve abuse by government actors, such as police brutality or misconduct, or agencies, wrongful termination, and employment discrimination.

Q: I believe my rights have been violated by the government or one of its officers. Do I have a claim?

Government actors and officers are protected by governmental and qualified immunity that bars claims. However, if it can be proven that the government or its officer acted with gross indifference or acted in a way that serves as an exception to their governmental immunity, you can pursue a claim.

Q: What is a 1983 complaint?

The most common type of civil rights claim is a federal 1983 claim. 1983 claims are those raised under 42 USC 1983, which governs the actions of governmental agents, like police officers. 1983 claims are often asserted when an individual has been assaulted by a police officer, a government funded institution commits a tort, or an individual suffers an injury or death while incarcerated.

Q: Can I file a civil rights claim on behalf of a family member or friend?

You can only file a civil rights claim on behalf of someone other than yourself if one of the following exceptions applies: wrongful death cases, an incapacitated plaintiff, a minor plaintiff, or a class action case.

Q: What is the difference between a civil and a criminal violation of civil rights?

A criminal civil rights violation involves the use or threat of force. A civil violation of civil rights involves no violence, only discriminatory behavior. Criminal violations carry incarceration penalties, while civil violations carry monetary penalties.

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