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Toxic Exposure: Who Is Responsible?

Toxic Exposure: Who Is Responsible?

In some personal injury cases, it is obvious who is responsible for the victim’s injury. For instance, if you are driving and obeying all of the rules of the road, and suddenly a car strikes you from behind, it is likely that the driver will be liable for your injuries.

In toxic exposure cases, however, determining who is liable for your injury can be more complex. There could be a number of potential defendants.

The following list includes some of the common types of defendants you may be held liable for toxic exposure injuries:

  1. Manufacturer of the toxic chemical – You can bring a strict liability action against the companies who designed, manufactured, sold or furnished the product. According to strict product liability, a plaintiff only needs to prove the product was unreasonably dangerous—as opposed to proving that a manufacturer was negligent. The manufacturer can be sued for negligence, breach of warranty, or even their wrongful conduct.
  2. Distributor of a toxic product – While the distributor or supplies doesn’t manufacture a specific product, they can still be held liable for an injury. Perhaps the supplier had a “duty of care” to prevent you from being exposed to harmful toxins. This duty of care can mean providing proper warnings and safety information, as well as not selling the product at all.
  3. Property owners – Owners of buildings are legally responsible for maintaining a safe space. Property owners may be liable for any injuries to tenants and visitors which are caused by the owner’s negligence, which includes failing to remove toxic mold or asbestos found in insulation.
  4. Contractors – If a contractor is hired to remove insulation from your home and negligently exposes you to asbestos found in the insulation, the contractor may be responsible for any injuries you incur due to being exposed to asbestos.
  5. Employers – If you are injured due to toxic exposure at the workplace, you may be eligible for workers’ compensation benefits.

If you have suffered an injury caused by the negligence of another party in Southern California, request a free consultation with our Pasadena personal injury lawyer today.


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