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The Marceaux Law Firm

Q
How can I prove who was at fault for my toxic tort claim?

A

Working day in and day out at a chemical plant cannot only be exhausting, but dangerous. Plants like Air Liquide and Tetra know that chemical exposures and chemical accidents aren’t only hazardous to their employees but bad for business. Which is why they take proper safety precautions to avoid such accidents. However, some employees, such as the newly bankrupt Grace, are not as diligent when it comes to safety and their employees are the ones who suffer the most.

When the actions of an employer, manufacturer, or company cause you harm, they shouldn’t get away with it. But how does one prove who’s at fault in order to constitute liability? 

Establishing Liability

Before you can file a claim for your injuries, you and your lawyer must first be able to establish who is at fault and why he is liable for the chemical accident. Sometimes liability can be difficult to determine, as the suspected culprits will try to do everything in their power to confuse or reinterpret what happened in order to shift the blame. However, an experienced lawyer will be able to discuss the facts and help you determine, establish, and prove not only who was at fault for your accident, but also whether or not there were multiple parties involved. In addition, why they are liable to provide you compensation for your suffering. The following are three ways to help establish liability:  

  • Negligence – An employer is negligent when he failed to provide you with adequate care, safety equipment, and/or protective precautions, which ultimately resulted in your injuries.
  • Strict liability – Sometimes toxic tort cases are based upon injuries suffered as a result of the defendant willingly engaging in extremely dangerous behavior. In these circumstances, carelessness does not have to be proven; he will be held legally responsible (strictly liable) for any damages that result.
  • Fraud – When an employer, company, or manufacturer knows that a substance is toxic or harmful but chooses to conceal this fact or deliberately market it as safe, they could be liable for misrepresentation and fraud for any damages that result in its use.

 

The long-term effects resulting from a chemical exposure can be life altering, and treatment could last years without a full recovery. Do not let someone else’s mistake haunt you for the rest of your life—let us help you get the justice, treatment, and peace of mind you and your family deserve.

Not sure if you have a case? Call today for a free consultation. We will be happy to discuss your concerns and answer any questions you may have. Remember—we are here to help you.