Product Liability
Some product injuries take years to appear
Chemical exposure cases rarely start with an accident. They start with a diagnosis, and the question becomes which product caused it and who failed to warn.
About toxic and chemical exposure claims
Toxic exposure claims are proven with science and documentation rather than with a single event. The legal theory is usually failure to warn: a company distributed a substance while understanding its hazards and did not adequately communicate them on the label, the safety data sheet, or in its instructions for safe handling and protective equipment.
The exposures we investigate include industrial solvents and degreasers, benzene and petroleum distillates, pesticides and herbicides, silica dust from engineered stone and abrasive work, asbestos in legacy building materials and friction products, welding fumes, formaldehyde and off-gassing building products, contaminated consumer goods, and contaminated water or soil affecting a residential community.
Causation is the heart of these cases and it requires careful proof: identifying the specific product and manufacturer, reconstructing the dose and duration of exposure, and connecting that exposure to the diagnosis through published science and qualified experts. We are candid early about whether the medical and scientific record can support a claim.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Cancers including leukemia, lymphoma, mesothelioma and bladder cancer
- Silicosis, asbestosis and other progressive lung disease
- Chemical pneumonitis, occupational asthma and permanent respiratory impairment
- Liver, kidney and neurological damage from solvent exposure
- Chemical burns and severe dermatitis
- Reproductive harm and birth defects following parental exposure
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The chemical manufacturer and the formulator of the specific product
- The distributor or supplier that sold it into the workplace or market
- A premises owner or contractor that permitted exposure without protection
- A manufacturer of protective equipment that failed to perform as represented
- A property owner or operator responsible for environmental contamination
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Product identification: labels, safety data sheets, invoices and purchase records
- A detailed exposure history reconstructing products, tasks, duration and setting
- Industrial hygiene monitoring data and Cal/OSHA records
- Complete medical records, pathology and imaging establishing the diagnosis
- Published scientific literature and the manufacturer’s internal hazard research
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Toxic and Chemical Exposure: common questions
Injured by toxic exposure? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.