Toxic Exposure: Who Is Responsible?

It is obvious who is liable for the victim’s injury in personal injury cases such as car accidents. For instance, if you are driving and obeying all of the rules of the road, and suddenly a car strikes you from behind, the other driver will be liable for your injuries.

In toxic exposure cases, however, determining responsibility can be more complex. There could be a number of potential defendants.

Here are several types of defendants you may be held liable for toxic exposure injuries:

  1. Manufacturer of the toxic chemical – You can file strict liability lawsuit against the designers, manufacturers, or distributors of the product by proving the product was unreasonably hazardous—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 – The supplier has a “duty of care” to prevent and protect you from harmful toxins. This duty of care can mean providing proper warnings and instructions on safety, as well as not selling the product if it's too dangerous.
  3. Property owners – Owners of buildings are legally responsible for maintaining a safe space. Property owners may be responsible for harming tenants and visitors which are caused by the owner’s negligence, such as failure to remove asbestos or toxic mold found in insulation.
  4. Contractors – Contractors may expose you toxic substance such as one who exposes you to asbestos when removing insulation from your home.
  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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