Who Is Liable In Toxic Exposure Cases?
In certain legal cases, is it easy to know who might be responsible for an injury. In other types of cases, it can be difficult to determine where the fault might be. In cases related to toxic exposure, the latter is true. Determining who is liable can sometimes be harder to prove. In these cases, there are a few common types of litigants who might be legally responsible. The list includes, but is not limited to:
• Manufacturers and/or Suppliers
• Property Owners
Manufacturers and Suppliers
When a manufacturer produces a product, it is reasonable to expect the product to be free from dangerous toxins. In fact, the legal doctrine known as strict product liability was crafted to address this issue. They (manufacturers) are expected to manufacture a product that is not unreasonably dangerous. At a toxic exposure trial, a litigant might have success against a manufacturer if the product can be proven to be unreasonably dangerous. A “strict liability action” can be brought against a manufacturer if the product caused injury. As it relates to suppliers, they can also be held responsible for an injury for carrying the product in question. It can be successfully argued that the supplier has a “duty of care” to prevent customers from using a product on their own shelves even though they did not manufacture the product. It is reasonable for a plaintiff to make the case that if the product had not been for sale by the supplier, then they would not have had any toxic exposure to begin with.
Another potential defendant could be a contractor who may have knowingly or unknowingly exposed you to a toxic substance. One example might be if a contractor was hired to redo the hardwood flooring in your home, and the hardwood flooring company exposed your family to a oil base finish that was found to be toxic. In this case, it would be reasonable for the contractor to be held legally responsible for not warning of the dangers of the products it was using in your house.
By law, property and building owners are bound to keep their property safe. However, the degree of responsibility depends on the type of visitor to the property. Invitees, licensees, and even trespassers are protected from the law to some degree. If a building or property owner fails to maintain their property or even fails to effectively warn visitors of dangers, they can be held legally responsible.
As a rule of thumb, most cases of toxic exposure at work are handled via a workmen’s compensation case. On an occasion such as an employer showing gross negligence, it is possible to name such an employer as a defendant and be able to recover damages as well. In order to know for certain, you need to contact a qualified attorney who can help you navigate the law regarding toxic exposure.
How to Get Help With a Toxic Exposure Case
In the case of an injury from exposure to a toxic substance, the first thing you should do is seek medical attention…immediately. Another thing to consider is visiting with an experienced attorney who can help you find out your options and to find a favorable legal solution to your case. There are plenty of resources available online. This article is one example, but articles are not enough. Call an experienced attorney today