Injured individuals seeking to prove in Court a health claim that arises from an environmental exposure can experience evidentiary challenges. Plaintiffs can overcome these challenges by leading evidence (including expert evidence) to prove, on a balance of probabilities, that:
- They were exposed to an environmental factor (i.e., asbestos, ozone, talcum powder, benzene or volatile organic compounds such as industrial degreasers) that is toxic
- They experienced a health condition relating to that exposure, and
- Their health condition was caused by the environmental exposure for which they seek a legal remedy.
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