Who Is Liable In A Toxic Tort Claim In California?
Anybody in the chain of distribution or the manufacturing—from the manufacturer to the distributors—can be liable. That means anybody responsible for the product’s creation or dispersal.
How Does Workers’ Compensation Relate To A Toxic Tort Claim In California?
Typically, workers’ compensation will prohibit you from suing your employer if you get injured while on the job. However, when you have a toxic tort claim, it leads to what is known as third-party liability. That means, unless your employer is the manufacturer of the actual toxic substance, then whoever is the manufacturer of the toxic substance can be sued outside of the workers’ compensation system. Any recovery from the third party will is offset against any recovery in the workers’ compensation system.
What Is The Statute Of Limitations On A Toxic Tort Claim In California?
The statute of limitations is the same as a personal injury claim, so two years.
Additional Information ON Toxic Tort Claims IN California
The most important thing from the individual’s perspective is to think about three factors: 1) the frequency of the exposure (how often you were exposed), 2) the duration of the exposure (how long each exposure lasted), and 3) the proximity of the exposure (how close you were to the toxic substance when you were exposed). These three factors, along with the product’s identification, are critical to receiving the proper treatment. Your health care provider needs to know the toxic substance to provide the appropriate care. Those factors are also essential to understanding which you may have a claim against and whether it can be pursued.
There’s a lot of misinformation out there about exposure. I continually refer to asbestos because it’s probably one of the longest-standing and most litigated toxic substances. One misconception regarding asbestos is that you are necessarily exposed if you live in an apartment with asbestos in the ceiling. The asbestos must enter the air and be inhaled or ingested. There are also latency periods for particular exposures. Typically, with asbestos, there is a latency period of ten years. With other chemicals or toxic substances, there are longer or shorter latency periods. Some are acute: your exposure happens, and you get sick or injured immediately. Your attorney needs information regarding your exposure to determine whether you might have a claim.
One thing that is readily apparent from the litigation surrounding toxic substances is that corporations have historically and continuously not cared about the health of the individuals who either use their products or buy their products. The discovery in some of these cases is astonishing. You see decisions made by executives prioritizing money over human life, knowing that the company would be putting people in harm’s way. Simply put, frequently, the desire to make more money exceeds your right to live.
For more information on Liability in Toxic Tort Claims in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 675-2901 today.
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