Long Island Toxic Chemical and Material Liability Lawyer
Toxic chemicals and materials are considered anything that can cause injury that was not properly stored, featured warnings or kept out of the reach of people that should not have contact with it. Chemical exposure is considered anything someone comes in contact with a substance that is hazardous and has to have treatment to deal with it.
The type of claim a Long Island toxic chemical and material liability lawyer may pursue depends on where it happened and if it is a private location. The claim is filed towards whoever owns the area or whoever is using toxic chemicals. If it is a public area, a person will file with whatever municipal entity covers that area or who owns that area. Contact an experienced premises liability attorney to begin your case.
Common Chemicals or Toxins that Lead to Injuries
Lead paint is a common material and children have been found eating lead paint chips in their apartments. Nowadays, there are disclosure as to whether there is lead paint at the area. If there is lead paint in an area, many times a landlord has to do an abatement or removal of that paint before they can rent it. When there are toxic materials like asbestos in houses, that information should be disclosed to ensure that there is no breathing in fibers that could cause future health problems.
Injuries Associated with Toxic Exposures
A Long Island toxic chemical and material liability lawyer knows that injuries often depend on what the individual was exposed to. For example, there are dangerous fumes that should require people to use some type of breathing protection.
Duty of Care for Worker Safety
Under New York law, there are some very strong laws protecting workers in construction locations. Usually, there is a safety manager that has to be on site to make sure people are doing the right things with regard to safety. Especially if they are working with heights so they are wearing harnesses and other protective devices to make sure they cannot fall. But the duty still rests with the general contractor, as well as the owner, for all issues of safety in a location.
Possibility of Punitive Damage Awards
A Long Island toxic chemical and material liability lawyer may be able to assess the likelihood of someone recovering punitive damages. Due to the difficulty in showing the facts needed for someone to receive a punitive award they are interested in going after the negligence of the defendant.
Economic vs. Non-Economic Damages
Medical expenses and lost wages are both economic damages. After a trial with a jury, most settlements do not itemize out what the settlement is for; as in lost wages or pain and suffering.
Anything to do with pain and suffering is classified as non-economic such as an emotional issue. This type of award must to be awarded by a jury. So that is not economic, that is pain and suffering.
What is the Statute of Limitations Toxic Chemical Cases?
If it is a matter of negligence, it would usually be three years to sue. In the municipal cases or governmental entities responsible for the accident, there is a shortened time to bring a lawsuit. It requires a notice of claims to be filed in 90 days or less and lawsuits to be brought within one year of the occurrence, or a year and 90 days. People should maintain whatever it is that injured them so it can be tested in the future and speak with a Long Island toxic chemical and material liability lawyer following their accident.