Those injured on the job typically will file for workers’ compensation. However, they may need to go a step further and contemplate further legal action with a personal injury lawsuit, which is the first course of action if the victim was not working at the time. Personal injury with chemicals often involves product defects or premises liability.
What are product defects?
Product liability claims hold the manufacturer or seller liable because the plaintiff believes that the product caused injury. This can involve anything from a bad tire causing a car crash to a child’s toy that causes serious injury. Chemicals may be involved if a particular product ruptures and subsequently spills hazardous chemicals on the consumer or worker. The three approaches commonly used for this course of action are:
- Defects in manufacturing
- Defects in design
- Defects in warnings
How does premises liability work?
People have a right to work in a safe environment or visit someone else’s property without undue chance of injury. If one is visiting a restaurant, the owners must take reasonable steps to ensure that customers can visit safely. If one is visiting a private property, the expectations will not be as high. Nonetheless, even a residence can have hazardous chemicals from cleaning products or even weed killer that can be breathed in by a visitor.
Picking the right option
It is generally best to work with an attorney who has personal injury experience specifically related to injuries from hazardous chemicals. Their understanding of the nuances of the case can often provide the best chance for a satisfactory resolution of the lawsuit, particularly when the injuries are life changing or even fatal.