What is to be proved in toxic tort cases?
Toxic tort cases can be difficult to prove because oftentimes, adverse effects from a material do not show up until years after exposure. In such cases, plaintiffs must prove that they were exposed to the substance and that it caused the adverse effects they now experience. However, unlike criminal case plaintiffs who must prove their case beyond a reasonable doubt, plaintiffs in toxic tort cases are only required to prove that their claims are more likely to be true than not.
