462 Stevens Avenue, Suite 303 Solana Beach, CA 92075

Products Liability Newsletter

Exposure to Toxic Substances at Work

A “tort” is defined as behavior that harms an individual, but is not necessarily a criminal act. A toxic tort claim can be brought by an individual who was exposed to and harmed by a toxin due to the conduct of another.

Workers' Compensation and Toxic Torts
Workers' Compensation law compensates workers for harms suffered at work. This may include any one of numerous harmful toxins and substances possibly present, including:

  • Arsenic
  • Asbestos
  • Carbon Monoxide
  • Latex
  • Lead
  • Mercury
  • Toluene

Even if an employee has been exposed to a toxic substance, it must still be proven that the employer had a duty to protect employees from the toxin, and that the employer failed to do so.

Bringing Separate Toxic Tort Claims After Filing a Workers’ Compensation Claim
Workers’ compensation settlements usually relieve the employer from any further liability or obligation to the employee on their claim. Consequently, a toxic tort suit against the employer is typically barred, unless the employee wants to sue the employer for any non-physical injuries resulting from the harmful exposure.

However, a separate product liability lawsuit may be brought against any other individual or entity that may have had some blame in regards to the employee's injury, such as a manufacturer of the toxic substance.

Damages Available for the Victim of Toxic Tort Exposure
After proving a valid toxic tort claim, an injured employee may be able to collect damages such as:

  • Medical expenses
  • Necessary rehabilitation
  • Lost wages, including future lost wages
  • Emotional distress
  • Pain and suffering

  • Defenses for Manufacturers of Defective Products
    Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to... Read more.
  • Commercial Motor Vehicles and Defective Brakes
    Because Commercial Motor Vehicles (CMVs) are generally larger and thus potentially more dangerous than other vehicles, CMV brake safety is imperative. In 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule... Read more.
  • General Principles of Product Liability Law
    Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably... Read more.
  • Recalling Hazardous Toys to Protect Children
    The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to... Read more.
Products Liability News Links
Share This Page: