Few Americans realize that of the dozens (if not hundreds) of chemicals that we’re exposed to every day, few are studied for safety before being put on the market. And, with over 84,000 chemicals registered for use in the U.S., that means that there are tens of thousands of chemicals in use that could be toxic.
Although most people are aware of the dangers of lead-based paint and asbestos, not nearly as many understand the very real dangers posed by common household products. Unfortunately, some consumers assume that just because a product is available for sale, it is safe for use, and this is not always the case.
Although the U.S. government has taken steps to help protect consumers from toxic chemicals with the Toxic Substance Control Act of 1976 and related legislation, according to the Centers for Disease Control and Prevention, there are still approximately 38,000 unintentional poisoning deaths per year (based on final data for 2013). So, how can consumers protect themselves from toxic exposure while working or at home? And, when someone is injured due to toxic exposure, who is to blame?
Finding fault for toxic exposure can be complicated. This is not only because there may be multiple parties at fault (including manufacturers, suppliers and property owners), but because the question of “duty of care” comes into play. If no one involved in a toxic exposure had a duty of care to prevent the exposure from occurring, then proving negligence can be difficult.
Likewise, the options available for someone who suffers a toxic exposure at work differ from those available to someone who is exposed while not working. A chemical exposure at work that results in injury would be covered by worker’s compensation, whereas someone who was exposed in a non-working situation would need to pursue other avenues of compensation to recover losses he or she incurred.
Regardless of a person’s immediate environment, however, there are steps that anyone can take to protect him- or herself from injury due to toxic exposure. These include:
- Keeping and using chemicals only in well-ventilated areas
- Reading labels and following instructions for use
- Keeping toxic chemicals locked away and safe from children and pets
- Storing chemicals away from foodstuffs (to prevent contamination and accidental ingestion)
Domnitz & Domnitz, S.C. are Milwaukee personal injury lawyers with extensive experience litigating personal injury cases. If you or someone you love was injured due to toxic chemical exposure, call us today for a free, no-obligation consultation regarding your case.