When a chemical or substance is labeled toxic, it should serve as adequate warning to handle it with extreme care. Unfortunately, companies or workers accountable for the handling or removal of these materials can fail to perform the work in a safe and responsible manner. This type of negligence could result in:
- Exposing residents to asbestos, lead or toxic mold in their households.
- Contaminating the soil or groundwater with spilled chemicals or hazardous waste dumps.
- Introducing toxic fumes or gasses into the air supply.
- Contaminating medications or food with the accidental introduction of chemicals.
Any time a toxic substance is mishandled or improperly contained and removed, it has the potential to cause serious health consequences. If you or a loved one is suffering from an illness because of being exposed to a toxic substance, you can trust the toxic tort product liability attorneys in New York at Buttafuoco & Associates to thoroughly investigate your claim and fight for your right to seek compensation. Call us at 1-800-NOW-HURT to schedule a free case review.
Who is responsible for my toxic substance exposure?
Liability typically rests on the party responsible for the safe handling or removal of the toxic substance. Some applicable defendants in toxic exposure cases include:
- Chemical transport companies
- Hazardous waste removal teams
- Cleaning crews
- Waste disposal crews
The nature of the contamination or exposure will dictate the type of liability claim you will pursue. For example, a pharmaceutical company that sells a medication tainted with a toxic chemical may be liable for damages in a dangerous drug claim.
In the above example, another circumstance can arise. Contaminated drugs are usually sold to thousands of consumers, creating the potential for thousands of complaints. If multiple people suffer the same injuries from the same act of negligence, they can group their legal claims together to form a mass tort or a class-action lawsuit against the responsible party(ies).
How do I start a toxic chemical negligence claim in New York?
In product liability claims, individuals are forced to go up against big corporations and conglomerates with lots of money and sizable legal teams who are always ready to settle legal matters for as little money as possible. For this reason, you should consider meeting with an experienced product liability lawyer at Buttafuoco & Associates who can look out for your best interests and protect your rights to maximum compensation.
Once your attorney learns the details of your situation, s/he can give you an honest opinion about the viability of your claim. New York product liability law is complicated, making cases difficult to prove.
Your attorney will want to begin investigating your case immediately to ensure you are within the deadline of filing a claim and to gather the necessary evidence to demonstrate who is at fault for your injury or illness.
How soon should I file my product liability claim?
There is a three-year period from the date of the injury in which you can take legal action. This deadline is known as the statute of limitations. However, because toxic exposure may occur for years before the source of your injury is discovered, the “discovery rule” applies to these cases and delays the statute of limitations.
What financial recovery am I entitled to?
The consequences of a toxic exposure vary depending on the type of substance you were exposed to and how long the exposure lasted. Some common injuries resulting from toxic exposure include:
- Chemical burns
- Respiratory distress
- Tissue damage
- Allergic reactions
- Vision loss
If you have a valid negligence claim against the responsible party, you might be entitled to recover compensation for medical costs, lost wages, and pain and suffering. If you are a business owner whose office building suffered from contamination (in cases of asbestos or mold), your company may be entitled to compensation. A contaminated workplace such as an office building or factory will not only cause damage to workers, but impair the work done in the facility, costing time and money.
Speak with a New York Toxic Tort Lawyer at No Cost
Let the attorneys at Buttafuoco & Associates review your circumstances and explain your right to seek compensation for damages. We offer free, no-obligation consultations, which you can schedule at your convenience. Call us at 1-800-NOW-HURT.