Injuries Caused By Toxic Substances

Toxic substances may include many things, including some you may not have thought were hazardous or even some that were not dangerous or thought to be when they were used.

Examples include such common products as:

• Asbestos shingles or insulation
• Lead-based paint
• Mold
• Fluids drained from motor vehicles

The premises liability law for toxic substances is complex and to ensure that you receive the most accurate and current advice, you should consult with an experienced accident lawyer who specializes in the subject of toxic substances.

The owner is responsible to disclose Toxic Substances
In most states, if you are selling or leasing residential real estate, you must disclose the existence of known hazardous substances on the property to all tenants.

Federal law requires the disclosure of lead hazards, such as lead plumbing or lead-based paint. State or local laws may require disclosure of other dangerous substances, such as asbestos. State laws vary, so you may need to research the laws that apply to your state.

If you have dealt with these substances and gotten sick but were not told of the toxic substances in your living area before moving in, you should contact a personal injury lawyer to see what your choices for action are.

The penalties for failure to disclose toxic substances are often substantial. Failure to disclose the known presence of a lead hazard may subject a seller to a penalty of triple the amount of damages suffered by the buyer or more. If the hazard results in a wrongful death, the damages can be in the thousands or millions of dollars.

Liability is to the owner of the property, even if unintentional
A lawyer would know that the law in many states says that a person who has a hazardous or toxic substance on their property is strictly liable for damage caused by the release of that substance to tenants, even if unintentional.

A mistake is not a defense for injuring someone through toxic substances in a property. There are tests they could have run.

In addition, federal and state laws provide that a property owner or a person in possession of property, such as a tenant, may be liable for the costs of cleaning up hazardous waste disposed on a property.

Lead Paint
Lead paint is dangerous for people in a living environment, especially children, so if you have had issues with this, contact a personal injury lawyer to file suit against responsible parties.

A landlord has a duty to fix hazards from lead paint if a statute, city health department or the common law mandates that he or she do so.

A claim against a landlord for lead paint liability is based upon negligence, which the owner and personal injury lawyer should know.