Maryland Toxic Chemicals and Materials Lawyer

Toxic materials are anything that could cause someone harm as a result of its existence. In Maryland, someone can be exposed to lead paint, and thus toxic chemicals, as a tenant in an old building. If a building is not maintained correctly, the lead paint peels and children can ingest, which can lead to dire consequences.

Toxic chemicals and materials are very serious in Maryland, especially if they can be prevented from affecting individuals. The statute of limitations to file a claim is three years, so it is imperative to act quickly and contact an experienced attorney. If you have been in these circumstances, contact a professional Maryland toxic chemicals and materials lawyer today.

Chemical Exposure to Toxic Materials

Chemical exposure is a subset of toxic material. Toxic material can be some type of environmental situation like mold or bacteria growth. Chemicals are something that is essentially man-made that can cause harm from a one-time exposure or over a long course of exposure.

Common Chemicals/Toxins That Can Lead to Injuries

Some common chemicals and toxins that can lead to serious injuries if a person is exposed to them include:

  • Mold, frozen mold from inadequate cleaning, inadequate filtering of HDA systems
  • Lead paint, which they stopped using in the ’70s, but there are buildings all over the state that still have lead paint in them, and owners have an obligation to have it removed
  • Asbestos, which is not used any more, was used in building materials, in brakes, in cement, but mostly building materials and in construction

A Maryland toxic chemicals and materials lawyer is available to help anyone suffering from such dangerous conditions. Exposure can cause organ damage, lung disease, defect, a respiratory illness, cancer, autism, nerve damage, and other harmful or fatal conditions.

Who Has Duty of Care for Worker’s Safety?

Employers should ensure that they provide their employees with safety goggles and masks to stop from inhaling any kind of chemicals and/or dust, especially if they are using Roundup, or even chlorine in pools. When putting chlorine in a pool, people should have masks on. There are federal regulations that require that. Employers, under State Regulations, need to make sure that their employees have adequate protective gear and to make sure that they wear it. If they do not, they are violating a standard. Contacting a Maryland toxic chemicals and materials lawyer can offer advice in such a situation.

What Claim is Filed for Toxic Chemical Exposure

Toxic torts are filed for toxic chemical exposure. Toxic exposure is often just a subset of negligence and tort law. It would be either a premises liability or just an action in negligence against a property owner or the employer. If it is against an employer, it would fall under workers’ compensation, the avenue of relief for any kind of health problems caused by their employment. Someone could also file a lawsuit against the manufacturer of the chemical as well. Cars used to have toxic chemicals from flame-retarded materials which are not good to breathe in. An employee can sue manufacturers of certain chemical materials under a mass tort, but these are extremely difficult to try.

Punitive Damages Awarded

Punitive damages can only be awarded in a tort case if the conduct of the defendant, e.g., the manufacturer, the drug manufacturer, the manufacturer of Roundup or the chemical, is considered egregious, i.e., meaning that they knew all of the problems that this could cause, did nothing about it, and still put their product on the market without any warnings.

Punitive damages are calculated by the jury in whatever amount they think is necessary to punish the defendant for its bad behavior. There is no cap in Maryland on punitive damages.

Economic Damages

Economic damages would be lost wages, past medical expenses incurred, and future medical expenses. An injured person would have a doctor testify that he is going to need future care and provide the estimated cost, as well as any future lost wages because they are never going to be able to work again. They would have been able to work for the next 10 years of their life if not for this injury, and this is how much money they would have made if they continued to work – they have lost out on that opportunity. Those kinds of things are economic damages and there is no cap on economic damages.

Non-economic damages are pain and suffering, physical impairment, disfigurement, and loss of consortium. There is a cap on those. Non-economic damages for pain and suffering in any personal injury case is currently capped at $680,000.

To see what economic damages a person might be capable of receiving, speak to a Maryland toxic chemical and materials lawyer.