Toxic Substances Information Center
Who is Responsible for My Toxic Tort Injury?
One of the biggest hurdles to overcome at the outset of a toxic tort case is deciding who to name as defendants. Toxic contamination can happen from more than one source, and it may not always be evident who is responsible for the toxic tort at the beginning of the case. Below is a general list of some of the potential defendants that may be named in a toxic tort case. The group of defendants in your case will vary depending on the facts of your case and applicable state and federal law. Contact James F. Humphreys & Associates, L.C. in Charleston, West Virginia to speak with an experienced toxic tort attorney about the possibility of filing a toxic tort case.
Manufacturers
In cases where you were injured by a dangerous product - whether consumer, medical or otherwise - anyone in the chain of manufacture and distribution may be named as a defendant, including not only manufacturers, but also distributors, retailers, component part manufactures, suppliers and others.
Companies
Companies that improperly manage, store or dispose of hazardous wastes may be named as defendants in toxic tort cases. Companies that produce dangerous products also may be held liable for injury caused by a toxic substance, like in the tobacco cases.
Transporters
Carriers that transport hazardous wastes, chemicals or other dangerous substances may be liable for any personal injury or property damage that occurs while they were in possession of the toxic substance. Under federal law, transporters can be held in strict liability if they were transporting ultra-hazardous wastes when the injury occurred.
Property owners
Property owners can be named as defendants in certain circumstances if they failed to clean up hazardous waste on their land. Property owners, property managers and landlords also can be named as defendants in cases when tenants or occupants of their property or buildings are exposed to toxic substances, like in cases of Sick Building Syndrome and toxic mold contamination.
Professionals
Professionals involved in designing, reviewing or consulting on products or activities that give rise to a toxic tort may be named as defendants, including architects, engineers, researchers, accountants, real estate brokers and others. For example, if an engineer negligently designs and constructs a hazardous waste contamination site, he or she may be liable to anyone who subsequently is injured.
Construction Professionals
Those responsible for constructing buildings that later are found to have chemical or biological contaminants that have injured the occupants may be named as defendants. The contractors, subcontractors, architects, designers and suppliers may be named in the suit. Often, the suit will be for defective construction, breach of contract or breach of implied or express warranties of workmanship. The manufacturers, suppliers and installers of the heating, ventilation and air-conditioning systems as well as the furniture and office equipment also may be named as defendants, depending on the source of the contamination.
Employers
In most states, workers' compensation laws will preclude a lawsuit against an employer for injury stemming from a toxic exposure in the workplace. However, the facts of your particular case may allow you to name your employer as an additional defendant in your toxic tort case.
Government
In some cases, you may have a claim against a state or federal government employee, contractor or agency for your exposure to a hazardous substance. There are limits to the types of actions that can be filed against the government, so consult an attorney as soon as possible if you feel a government actor or entity is responsible for your injuries.
Conclusion
If you are considering a toxic tort lawsuit, it is important to contact an attorney to discuss your legal options as soon as possible. Your claim may be time-sensitive and subject to a state or federal statute of limitations. To preserve your legal rights, contact James F. Humphreys & Associates, L.C. in Charleston, West Virginia today to speak with an experienced toxic tort lawyer about your potential case.
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